Sandiganbayan acquits ‘Euro Generals’ Dela Paz, eight others

Due to insufficient evidence, the Sandiganbayan Second Division has junked the graft and technical malversation charges against nine former police officers led by comptroller Eliseo dela Paz who allegedly used P10 million of the Philippine National Police’s intelligence fund as contingency fund and travel allowance in attending a 2008 INTERPOL conference in Russia.

In a 55-page ruling, the anti-graft court said the prosecution’s evidence of Commission on Audit circulars stating how the intelligence fund should be used do not prove that Dela Paz, alongside Jaime Garcia Caringal, Ismael Rafanan, Orlando Pestaño, Samuel Rodriguez, Tomas Rentoy, Romeo Ricardo, German Doria and Emmanuel Carta, misused such intel fund in going to Russia on a work-related trip.

The cash was found on Dela Paz and company when they were on their way home from the Russia INTERPOL conference.

“Technical malversation happens when the one who uses the funds under his administration for  public use other than what it was appropriated for. These pieces of evidence [from COA] do not prove that the use of CIF (confidential and intelligence funds) for the expenses incurred by the PNP in its participation to the Interpol Assembly is not a covered expense,” the Sandiganbayan said.

“The prosecution bears the burden to establish the guilt of the accused beyond reasonable doubt. It is the prosecution’s duty to prove each and every element of the sense charge in order to warrant a finding of guilt for the same. The prosecution failed to sufficiently establish the essential elements of the crimes charge and to overcome the presumption of innocence in favor of the accused. Accordingly, the case against the accused are hereby dismissed,” the anti-graft court added.

COA Circular 88-293 defined CIF as “funds allotted for national defense, national security, peace and order, internal security or counter insurgency, usually involving covert or classified operations, psychological warfare and surveillance operation and other specified intelligence and confidential operations of the national government as well as government owned or controlled corporations and local governments units.”

Such definition, however, was not enough for the anti-graft court to hold Dela Paz and the eight others liable.

“As can be gleaned from the prosecution’s evidence, the use of the CIF covers a wide range of activities. Thus, in the absence of competent proof that the INTERPOL Assembly did not cover the above issues, we cannot rule that the activity cannot be covered under the fund,” the Sandiganbayan said.

Likewise, the anti-graft court disputed the prosecution’s allegations that the police officers conspired to release the said intelligence fund for nefarious purposes.

“Except for the fact that the prosecution alleged that the accused in this case are responsible for the acts, there is no showing that they intended to do a criminal act. The Court finds no credible proof that links or gives unifying purpose to the accused's individual acts,” it said.

As a result, the Sandiganbayan has also lifted the Hold Departure Order against the erstwhile accused and ordered the release of the bail bonds they posted. — RSJ, GMA News