Court junks appeal, affirms dismissal of Arroyo graft case

The Sandiganbayan has affirmed the dismissal of the graft charges against former President and current Pampanga 2nd District Rep. Gloria Macapagal-Arroyo in connection with the scuttled $329-billion national broadband network deal.

In a five-page resolution passed early this week but obtained by reporters on Wednesday, the antigraft court’s Fourth Division denied the appeal of state prosecutors seeking to continue Arroyo’s trial.

The court sustained its August resolution which granted Arroyo’s demurrer and dismissed the case for insufficiency of evidence. It said prosecutors failed to submit new arguments to warrant reconsideration of the said ruling.

“To reiterate, considered in its entirety, the pieces of documentary as well as testimonial evidence adduced by the accused were found to be insufficient to prove the guilt of accused PGMA,” the resolution stressed.

The court also gave weight to Arroyo’s argument that an acquittal cannot be appealed, because reevaluating the evidence would place the accused in double jeopardy.

“It is well-settled that an acquittal in a criminal case is final and executory upon its promulgation and accordingly, the State may not seek its review without placing the accused in double jeopardy,” read the resolution.