Another legal victory: Arroyo cleared of electoral sabotage


(philstar.com) - December 28, 2018 - 6:05pm
MANILA, Philippines — A local court has dismissed the electoral sabotage case over 2007 midterm elections against House Speaker Gloria Macapagal-Arroyo.
Pasay Regional Trial Court Branch 113, in a court order dated December 17, granted Arroyo’s Demurrer to Evidence and moved to dismiss the charge of electoral sabotage against the former president.
A demurrer to evidence is a challenge to the prosecution’s sufficiency of evidence. It is a pleading filed after the prosecution rests its case and the defense is given an opportunity to move for the dismissal of the case.
Judge Jesus Mupas said that the prosecution failed to prove Arroyo’s guilt beyond reasonable doubt and certainty “despite ample opportunity.”
The case stemmed from the former president’s alleged cheating in the 2007 midterm elections. The case was filed in November 2011.
It alleged that Arroyo “gave personal instructions” to the late Maguindanao governor Andal Ampatuan Sr. to “ensure a 12-0 victory” for the senatorial slate of “Team Unity.”
The court held that upon “judicious examination” of testimonial and documentary evidence presented by the prosecution in the seven years of trial, the prosecution still “failed to discharge its duty the guilt of accused Arroyo beyond reasonable doubt.”
The court stressed that the prosecution was given opportunity to present additional witnesses and documentary evidence after bail hearings. It noted that only one witness, engineer Norie Unas, mentioned Arroyo in the alleged conspiracy and yet his testimony was not corroborated by 12 other witnesses.
“This alone is fatal to the case of the prosecution,” Mupas said.
The court also agreed with Arroyo’s defense that the allegation that she gave personal instructions to Ampatuan “does not constitute the crime of electoral sabotage.”
“As noted by the Court, the Information [charge sheet] is silent as to how accused Arroyo wanted accused Ampatuan to ‘ensure’ such victory,” the order read.
The judge stressed: “In a prosecution for electoral sabotage, the allegation of the act or acts that allegedly constitute such crime is material since it forms an integral part thereof. More so since electoral sabotage carries with it the penalty of life imprisonment.”
It may be recalled that Arroyo also filed a Demurrer to Evidence in the plunder case against her over the alleged misuse of the Philippine Charity Sweepstakes Office funds.

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