FORMER Postmaster General Maria Josefina dela Cruz has secured the nod of the Sandiganbayan in her bid to seek an outright dismissal of the four criminal charges filed against her by the Office of the Ombudsman in 2019.
In its 10-page resolution dated July 18, 2023, the anti-graft court’s Fifth Division granted the defendant’s Motion for Leave to File Demurrer to Evidence.
The ruling allows Dela Cruz to challenge the sufficiency of the prosecution’s evidence in two counts of violation of RA 3019 or the Anti-Graft and Corrupt Practices Act and two counts of unlawful appointments punishable under Article 244 of the Revised Penal Code.
Since it will require the Sandiganbayan to weigh the merits of the government’s cases, the grant of Dela Cruz’s demurrer to evidence would have the effect of an outright acquittal even if she does not present evidence in her defense.
If denied, she would still have an opportunity to present evidence to disprove the allegations.
Dela Cruz was charged in connection to her designation of Philippine Postal Corporation (PhilPost) officer Esther Cabigao to the position of Director III on September 1, 2011, and Department Manager III on November 29, 2013.
Prosecutors noted that in both instances, the Civil Service Commission nullified the appointment for lack of eligibility which gave the appointee “unwarranted benefit, the advantage of preference.”
The Ombudsman said Dela Cruz had prior knowledge that Cabigao “did not possess the required education, training, and experience qualifications for the said position” but still approved her designation to the two posts.
In her motion, the defendant said the prosecution evidence fell short of proving the key elements of the graft charges and the unlawful appointment cases and lacked proof of criminal intent on her part.
At the same time, she invoked the Arias Doctrine which recognizes that a public officer has the right to rely on the findings and recommendations of his or her subordinates.
Dela Cruz argued that giving the post of Director III to Cabigao did not amount to undue favor since the PhilPost personnel who was the leading candidate for appointment to the said position had executed an affidavit declaring that she is not interested.
