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Acosta wants perjury raps dropped



Former Bukidnon Rep. Nereus Acosta. Photo from comelec.gov.ph

Former Bukidnon Rep. Nereus Acosta on Thursday asked the Sandiganbayan to dismiss the perjury charge filed against him by the Office of the Ombudsman in connection with the alleged irregular transfer of some P5.5 million pork barrel allocation under his name when he was a member of the House of Representatives six years ago.

In filing his demurrer to evidence, Acosta, through lawyer Siegfried Fortun, said his objection was premised on the prosecution’s failure to establish the elements of the crime charged.

A demurrer is an exception taken by a party to the evidence offered by the opposite party on the allegation that such evidence is not sufficient in law to maintain the issue.

Acosta said there was insufficient evidence to prove that he had acted with evident partiality, bad faith or gross inexcusable neglect in releasing his Priority Development Assistance Fund (PDAF) allocation to its intended beneficiaries as approved by the Department of Budget and Management.

“There is no proof that the act of the accused caused undue injury to the government or any other party in light of evidence now admitted to the record that the funds released were used for the purposes for which they were intended and have been accounted for,” Acosta said.

He also said the evidence presented by the prosecution failed to establish that the PDAF funds gave unwanted benefits, advantage or preference to the beneficiary, the Bukidnon Vegetable Producers Cooperative (BVPC), a private organization controlled by his family.

The release of such funds were properly approved by the DBM and were used to implement the purpose of the PDAF which is to aid regular government programs for public service and social reforms.

It said the prosecution’s evidence failed to establish his guilt beyond reasonable doubt and therefore, must not be entertained by the court.

The four-page information signed by Ombudsman Conchita Carpio Morales said Acosta made it appear that the channeling of funds had been approved by the Sangguniang Bayan of Manolo Fortrich, a first-class municipality in Bukidnon headed by his mother, Socorro Acosta, as mayor. Socorro has also been charged with perjury before the Sandiganbayan. Cynthia D. Balana


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Tags: Congress , Government , Judiciary , Nereus Acosta , Perjury , Sandiganbayan


  • Hunter421

    Has anyone noticed that politicians and government employees don’t even claim innocence anymore but only cite legal technicalities during their cases?

  • padrefaura

    abugado pala ni Acosta si Fortun aka the lawyer of the ampatuans. 
    ’nuff said. 

  • http://pulse.yahoo.com/_QZZKXPEA67I7HELEIYM35QVYFA Jon

    Di ba naiintindihan ng Ombudsman kung ano ang ibig sabihin ng KKK?
    KKK si Acosta kaya dapat abswelto agad.

  • Cal_Reznick

    You only need to know the answer to one question to know whether this case will push through or not have the legs to stand…and that question is:

    Is Acosta part of the Presiden’ts kkk??

    If the answer is yes, then this case will not have the legs to stand.

    If the answer is no, then good luck you may be in jail sooner than you think.

  • turkak

    Magsama kayong mag-ina sa kulungan. Bwiset kayo !!! Wala kayong pinag-iba sa mga Tupaz isang pamilya na corrupt din.



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