Sandiganbayan finds strong evidence vs ex-Comelec chair

The anti-graft court Sandiganbayan has warned former Commission on Elections (Comelec) chairman Benjamin Abalos that the evidence presented against him by the Office of the Ombudsman’s prosecution team was strong enough to warrant his conviction.

“The (Sandiganbayan) finds that, if unrebutted, the (evidence) is sufficient to support a verdict of guilt for violation of Section 3 (e) of Republic Act 3019 (Anti-Graft and Corrupt Practices Act),” a resolution promulgated by the Sandiganbayan Sixth Division on Sept. 11, read.

Filed by the ombudsman in October 2016, the graft case against Abalos stemmed from his alleged anomalous purchase of two units of Toyota Revo VX 200 totaling P1.7 million in June 2003 during his term as Comelec chairman.

The ombudsman said the purchase was done without public bidding but through unauthorized small-value procurement also referred to as “shopping.”

In its ruling, the court denied Abalos’ motion to file a demurrer to evidence, which would have allowed him to seek the dismissal of the case based solely on the supposed “weak” evidence of the prosecution.

But the Sixth Division maintained that the prosecution was able to present evidence showing all the elements of the charged offense, such as Abalos’ “manifest partiality and evident bad faith” and the giving of “unwarranted benefit” when he signed a purchase order as well as the check worth P1.7 million in favor of Toyota Pasong Tamo Inc.

The prosecution earlier said the purchase order as well as the check were approved by Abalos even before the Comelec full bench passed a resolution granting its finance department‘s request for the purchase of vehicles.