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Sandigan junks graft case vs South Cotabato solon


The Sandiganbayan has junked the graft charge against South Cotabato Rep. Pedro Acharon due to the defective case filed by the prosecution. Acharon and co-accused, former General Santos City finance administrator Marcelino E. Dospueblos, were charged for allegedly mishandling cash advances worth P1.5 million and P1 million from June 9 to 16, 2006. At that time, Acharon was mayor of General Santos City. In a 12-page resolution issued last Sept. 1, the Sandiganbayan Fifth Division granted a joint motion to dismiss filed by Acharon and Dospueblos as it upheld their argument that the prosecution failed to allege a crucial element of the graft information – that the defendants acted with manifest, partiality, evident bad faith or gross inexcusable negligence. “It is not enough to allege that the acts were willfully, unlawfully or criminally caused without stating that the same was done in a manner which the accused could be held liable for the specific offense charged," the Sandiganbayan said. “(T)he information failed to state that accused, in causing undue injury to the government… did the same through manifest partiality, evident bad faith or gross inexcusable negligence, an essential element of the crime charged. It is fundamental that every element of which the offense is composed must be alleged in the complaint or information," it added. Graft investigators from the Office of the Ombudsman said the P2.5 million was intended for 37 participants for the “Pagana Dinner Show," but only 17 joined the activities. They said no liquidation was submitted for the entire amount even when less than half of the expected participants showed up. The Sandiganbayan, however, said the dismissal of the case is without prejudice to a possible refilling in the future when the prosecution irons out the defects in the case. Likewise, the anti-graft court affirmed a separate case against Acharon and his co-accused, city councilors Jose Orlando Acharon and Minda Atendido. Acharon was accused of giving undue preference for the two councilors for allegedly issuing unlawful travel orders to Sangguniang Panglungsod members Jose Orlando Acharon and Minda Atendido for their trip to Los Angeles, United States of America on June 9-16, 2006. Graft investigators said Acharon allowed the travel even when then-Local Government Secretary Ronaldo Puno disapproved the travel requests through DILG Memorandum Circular 2006-163. — KBK, GMA News

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