Revilla says evidence vs him calls for acquittal in malversation case

MANILA, Philippines — Former Sen. Bong Revilla said an examination of the evidence against him presented by special prosecutors before the Sandiganbayan calls for his acquittal in the malversation case.

He made this argument in his 24-page demurrer to evidence, attached to a motion for leave filed before the anti-graft court on Monday. The document was furnished to the media on Wednesday.

An accused files a demurrer to evidence to seek the dismissal of a case on the ground that the prosecution failed to present sufficient evidence.

Article continues after this advertisement

READ: Bong Revilla asks Sandiganbayan to junk P92M malversation case vs. him

FEATURED STORIES

NEWSINFO

NEWSINFO

NEWSINFO

“Accused Revilla humbly prays that this Honorable Court grant him leave to file the attached Demurrer to Evidence, to test the sufficiency of the prosecution’s evidence in this case,” the motion read.

“Accused Revilla humbly submits that an examination of his Demurrer to Evidence shows that a verdict of acquittal is warranted in this case, without need for him to present his evidence, because of the insufficiency of the prosecution’s evidence to prove his guilt beyond reasonable doubt,” it added.

Revilla faces a malversation of public funds case for allegedly conspiring in the illegal disbursement of P76.9 million for a purported ghost flood control project worth P92.8 million in Pandi, Bulacan, undertaken by the Department of Public Works and Highways (DPWH).

He allegedly received a 25-percent cut in exchange. He has repeatedly denied the accusation.

Article continues after this advertisement

READ: Ex-DPWH chief Bonoan to testify vs. Revilla over flood scam

According to the motion, the prosecution failed to prove beyond reasonable doubt the elements of malversation of public funds, including that the funds were public in nature and that the accused was an accountable public officer.

Article continues after this advertisement

“Accused Revilla is not an accountable public officer who had access to or custody of the public funds subject of the Information, as his duties as a senator undoubtedly NEVER required him to possess, receive, handle, administer, disburse, or account for DPWH funds,” the motion read.

“Not only is accused Revilla not an accountable public officer, he likewise never had custody or possession of ANY public funds. Further, the funds that he is accused of receiving in this case … are also NOT public funds,” it added.

The motion also cited the testimony of former DPWH Bulacan 1st District Engineer Henry Alcantara, who said the funds allegedly received by Revilla were “private in nature” because they came from “advance commissions” from private contractors, not government coffers.

“The prosecution still failed to present ANY witness who saw that accused Revilla purportedly received kickbacks or advance commissions in connection with the Subject Project,” it added.

Regarding the alleged delivery, the prosecution relied only on state witness and former DPWH Undersecretary Roberto Bernardo and his drivers, Vergel Niño Garcia and Francisco Dela Fuente Jr., who, according to Revilla’s motion, never saw the contents of the boxes they supposedly delivered to Revilla.

The court’s third division will give the special prosecutors a chance to comment on the motion.

Your subscription could not be saved. Please try again.

Your subscription has been successful.

Revilla has been out on P1 million bail since late July 31, after the third division voted 2-1 to grant the former senator’s bid for provisional liberty. /mcm