The Sandiganbayan has dismissed the graft charges against former Agriculture Secretary Proceso Alcala over the alleged illegal issuance of garlic import permits from 2012 to 2013, citing insufficiency of evidence.
In a 34-page resolution dated January 5, the anti-graft court granted Alcala’s demurrer to evidence, ruling that the prosecution failed to prove he used his position to favor any importer.
“Accused Alcala’s demurrer to evidence is impressed with merit. When the evidence of the prosecution fails to meet the test of sufficiency, as in this case, the accused is under no obligation to present their own evidence, and the presumption of innocence must prevail,” the Sandiganbayan said.
“To compel the accused to proceed with trial under such circumstances would violate their fundamental right to due process,” it added.
The court said Alcala’s role in appointing officials to the National Garlic Action Team (NGAT) did not establish bias or criminal liability, noting the absence of proof that he manipulated the body’s composition or participated in alleged market manipulation.
“Cruz was not the only garlic importer in NGAT… appointment alone is insufficient to establish criminal liability unless there is a clear showing that the appointing authority ordered or participated in the subsequent unlawful acts,” the court said.
It also rejected claims that Alcala’s referral of NGAT resolutions to the Bureau of Plant Industry constituted approval of illegal actions, stressing that the instructions were merely “for your information and consideration” and “for your appropriate action.
“There is no evidence that would show accused Alcala influenced any employees or officials of the BPI to favor Cruz and the VIEVA importers,” the Sandiganbayan said.
The court further noted that Alcala was not initially included in the National Bureau of Investigation’s 2015 complaint before the Ombudsman and was charged only years later.
With the case dismissed, the Sandiganbayan ordered the return of Alcala’s cash bond and recalled the Hold Departure Order issued against him.