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The former postmaster general Maria Josefina dela Cruz is cleared of all charges
MANILA, Philippines – The Sandiganbayan acquitted former postmaster general Maria Josefina dela Cruz on charges of violating the Anti-Graft and Corrupt Practices Act and Unlawful Appointment, saying that prosecution did not have enough evidence.
Dela Cruz, the governor of Bulacan from 1998 to 2007, was charged with violating Article 244 of the Revised Penal Code.
A 38-page decision issued October 10 by the anti-graft court’s Fifth Division and penned by Associate Justice Rafael R. Lagos said that the evidence presented by government prosecutors could not prove beyond reasonable doubt that the defendant acted with bad faith or any ulterior motive.
Associate Justices Maria Theresa V. Mendoza-Arcega and Maryann E. Corpus-Mañalac concurred with the decision.
There were two counts of graft and two counts of Unlawful Appointment filed by the Office of the Ombudsman against Dela Cruz but all were dismissed by the anti-graft court due to insufficiency of evidence through the grant of her demurrer to evidence, effectively acquitting her.
A demurrer to evidence is filed when the accused is convinced that the prosecution’s evidence is weak, therefore asking the court to outright dismiss the case. When granted, it has the same effect as an acquittal.
Dela Cruz was accused of giving unwarranted benefit, advantage or preference to Esther Cabigao when she appointed her as department director on PhilPost September 1, 2011. The Ombudsman accused Dela Cruz of appointing Cabigao despite the latter not having the qualifications required by the Civil Service Commission for the position.
In the separate charge under Article 244 of the Revised Penal Code, the Ombudsman said that Cabigao was given the job even if she did not have a master’s degree, 120 hours of managerial training, and five year’s worth of supervisory experience.
In acquitting DelaCruz, the court said that the prosecution did not offer any proof to back the allegation that Cabigao was appointed “instead of a qualified applicant.” Witnesses during trial testified that Cabigao was the only applicant for the position.
The court also noted that the appointment was made when the PhilPost was in the middle of a rationalization program, making filling the positions of Human Resource Management Department manager III a necessity.
“The appointment was a critical action on the part of the accused, justified by the exigency of the service. Work at HRMD needed a responsible official to do the manager’s job. Otherwise, work would have been in limbo or worse, grinded to a halt,” the Sandiganbayan said. – Rappler.com
