Sandigan: Case vs BOC exec to go on

He also found out that some of the operatives removed the Kevlar plate, the solid part of their bullet proof vest, because of its weight.

Among the provincial police offices in Region 7, Almazan inspected the CPPO first to check how ready the policemen are, especially after the Police Regional Office (PRO) 7 raised a red alert status following

The Sandiganbayan has denied the motion for reconsideration filed by Conrado Rivera, a wharfinger of the Bureau of Customs Port of Cebu, who was charged with anti-graft case before the court.

Rivera was charged as he was allegedly involved in the illegal released of three 40-foot container trucks in 2006 from the Cebu International Port (CIP).

In the resolution signed by Presiding Justice Amparo Cabotaje-Tang of the special third division, she found no ground that would warrant the reversal of their earlier ruling granting the petition for certiorari filed by the prosecution.

“In the case at bar, the prosecution’s evidence clearly shows that the port charges in the amount of P980,722.55 for the three container trucks were not paid by the consignee through the active intervention of respondent Rivera. His act gave Best Buy Warehouse unwarranted benefit and caused undue injury to the government in the said amount,” read the resolution.

The Sandiganbayan earlier granted the petition for certiorari filed by the

the recent bombing in Isulan, Sultan Kudarat in Mindanao.

Almazan admitted that he was surprised how dirty and unprepared the police were since it was not a surprise inspection.

“Di gaanong kagandahan ang kinalabasan from my expectations. Di ko nakita ang gusto kong makita na readiness ng equipment,” he told The FREEMAN.

He clarified that the age prosecution citing Judge Ma. Lynna Adviento of Regional Trial Court Branch 58 in Cebu City had acted with grave abuse of discretion in granting Rivera’s demurer to evidence.

The anti-graft court ordered the reinstatement of the case against Rivera and resumed trial.

Rivera, in his motion for reconsideration, argued the reinstatement of the anti-graft case against him violates his constitutional right against double jeopardy.

Jurisprudence enunciates, he stressed, that an acquittal by virtue of demurer to evidence was not appealable because it would place him in double jeopardy.

The prosecution argued contrary to the contention of Rivera, there was no double jeopardy. One of

Pateres/MBG

the exceptions of double jeopardy was when the trial court commits grave abuse of discretion in dismissing the case, which was present in the herein case.

Prosecution stated though they were able to sufficiently establish the presence of the elements of the case, the trial court still granted the demurer to evidence.

Mylen P. Manto/MBG