SC upholds Echiverri’s acquittal in graft case

The Supreme Court (SC) has affirmed the acquittal of former Caloocan City mayor Enrico Echiverri in a graft case involving a road and drainage construction project amounting to P8 million in 2011.

In a ruling promulgated on Oct. 1, the high court’s Second Division upheld the decision of the Sandiganbayan dismissing the case against Echiverri and two others for lack of evidence.

The SC denied the petition filed by ombudsman prosecutors that sought the reversal of the anti-graft court’s decision in April.

The high tribunal held that the Sandiganbayan was correct in granting the motion filed by Echiverri to dismiss the case.

The SC rejected the allegation of the petitioner that the anti-graft court committed grave abuse of discretion in dismissing the case.

The Office of the Ombudsman filed a complaint for graft against Echiverri for allegedly unduly favoring P.B. Grey Construction in awarding an P8.08-million contract for the improvement of roads and drainage system at Phase 6, Green Valley, Barangay 178 in 2011.

The anti-graft court found no evidence to continue with the trial and cited the prosecution’s own evidence showing that the city council passed an ordinance, which authorized Echiverri to implement development projects.

It also found that the project underwent public bidding.

The Sandiganbayan also dismissed the falsification charge filed against Echiverri’s co-accused Edna Centeno and Jesusa Garcia after it was proven that there were funds to support the project.

The SC described the dismissal of the charges against Echiverri as an acquittal that could “no longer be overturned.”

“The grant of the respondents’ demurrer to evidence operates as an acquittal and reopening the case will subject them to double jeopardy,” the high court explained.