By Benjamin Pulta
MANILA – The Court of Appeals (CA) has nullified the acquittal and reinstated the criminal charges filed against two individuals over the illegal importation of toxic wastes from Canada 12 years ago.
In a 10-page decision promulgated last Jan. 31, the CA’s Eighth Division reinstated the charges against Adelfa Eduardo, owner of Chronic Plastics Inc., and customs broker Leonora Flores, for their alleged part in the importation of 50 40-foot container vans from Canada declared as “plastic scrap”.
The shipment, which arrive in six batches from June 10 to Aug. 2013 was later found to have been household garbage including used adult diapers.
On July 2023, now retired Manila Regional Trial Court (RTC) Br. 47 Judge Paulino Gallegos acquitted the accused by granting their petition for demurrer to evidence.
A demurrer filed by an accused in a criminal case seeks the dismissal of a case after the presentation of the prosecution’s evidence.
The Office of the Solicitor General (OSG) appealed before the CA, claiming the Manila RTC had granted the demurrer to evidence prematurely.
The OSG argued that the filing of the demurrer to evidence and the issuance of Gallegos’ order was made even the prosecution rested its case, and that the prosecution’s motion for reconsideration was “unreasonably and arbitrarily” denied.
“An acquittal is considered tainted with grave abuse of discretion when it is shown that the prosecution’s right to due process was violated or that the trial conducted was a sham,” the CA ruled.
“Inasmuch as the acquittal of the private respondents was done without regard to due process of law, the same is null and void. It is as if there was no acquittal at all, and the same cannot constitute double jeopardy.”
The CA directed the RTC to resolve the Demurrer to Evidence with dispatch, after giving the prosecution the opportunity to file its comment and/or opposition to the private respondents’ motion. (PNA)
