FORMER assistant city prosecutor Raul Desembrana has been acquitted by the Sandiganbayan of a graft charge filed against him in 2021 in connection with an alleged attempt to extort money from a respondent to a complaint pending before the Quezon City Prosecution Service.
In a 36-page decision, the Sandiganbayan cleared the defendant of criminal liability on the ground that the prosecution failed to prove the element of undue injury.
The court noted that while the allegation states that it was complainant Alexis Montes who suffered undue injury in the amount of P80,000, he admitted in court that he did not provide a single centavo.
Rather, an agent of the National Bureau of Investigation testified that it was the son, Conor Jan Montes, who provided four P1,000 bills which was used on the “boodle money” during the entrapment set-up for Desembrana.
“The testimonies of the witnesses contradict the allegation in the information that Dr. Alexis suffered undue injury in the amount of P80,000. In this case, the prosecution failed to prove with the factual basis and reasonable degree of certainty the actual loss or damage sustained by Dr. Alexis,” the court pointed out.
Based on the case information filed by the Office of the Ombudsman, Desembrana reportedly demanded P80,000 to dismiss a complaint for unjust vexation, grave coercion and threat filed against Alexis Montes.
The latter sought the help of the NBI, which resulted in the arrest of the city prosecutor during an entrapment operation on November 14, 2014 while he was in the act of accepting the marked money.
On May 4, 2015, the Ombudsman found Desembrana guilty of administrative offenses for Grave Misconduct, Conduct Prejudicial to the Best Interest of the Service, and violation of Section 7(d) of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and ordered his dismissal from government service.
Aside from removal from his post, the former city prosecutor was also meted penalties of cancellation of civil service eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office, and bar from taking civil service examinations.
