The Sandiganbayan has acquitted former Dumanjug, Cebu mayor Efren Gica of graft, malversation, and falsification expenses over the alleged tampering of a restaurant receipt.
In a 36-page choice promulgated on December 9, the Sandiganbayan Fourth Division cleared Gica of the fees for the violation of the Anti-Graft and Corrupt Practices Act, falsification, and malversation underneath the Revised Penal Code as a result of failure of the prosecution to show his guilt past affordable doubt.
“No civil liability is hereby adjudged, there being no basis therefor,” the Court stated.
“Let the Hold Departure Order issued against the accused by reason of these cases be lifted and set aside, and their bonds released, subject to the usual accounting and auditing procedures,” it added.
The case stemmed from the criticism accusing Gica of falsifying a restaurant receipt to make it seem that the dinner for the Association of Local Budget Officers seminar in Cebu price P21,435 when it solely price P11,435.
However, the Court stated the prosecution was unable to ascertain that Gica made an untruthful assertion and made alterations or intercalation to the acquisition order and liquidation report.
According to the Court, the prosecution supplied the falsified receipt as proof.
“While the rule is that public documents are admissible in evidence even without further proof of their due execution and genuineness, the documents subject of the instant information were offered not as authentic but falsified public documents,” it stated.
“Thus, the basis for dispensing with the authentication of public documents does not hold true for public documents assailed as falsified,” it added.
Further, it stated that the allegation of falsification was anchored within the assertion of the restaurant department supervisor. However, the Court stated the department supervisor was by no means offered as a witness within the instances.
The Court additionally stated that the receipt provided doesn’t clearly present the alleged intercalation made.
“[T]he Court finds that the element of evident bad faith is absent. It was not proven based on the evidence presented that the pertinent documents were indeed falsified,” it stated.—AOL, GMA Integrated News
