'Fatally defective': Sandiganbayan junks graft raps vs ex-AFP chief Villanueva

From ABS-CBN (Sep 6): 'Fatally defective': Sandiganbayan junks graft raps vs ex-AFP chief Villanueva

Former Armed Forces of the Philippines (AFP) chief of staff Diomedio Villanueva can now enjoy his retirement after the Sandiganbayan 7th Division dismissed graft charges against him for an allegedly anomalous refund to a private company during his stint as postmaster general of the Philippine Postal Corporation.

Villanueva, along with then assistant postmaster general Antonio Siapno and then acting director Leonido Basilio, were charged by the Ombudsman for violating the anti-graft law for allegedly giving unwarranted benefit to Philpost USA, a private corporation based in New York, in 2003.

The 3 were accused of conspiring to refund Philpost USA $1,031,936.04 or P53,043,834.52 representing alleged "Terminal Dues paid for mail matters sent to Royal Mail (UK post office)."

In charging the three, the Ombudsman said the refund was inappropriate since Philpost USA was not entitled to the damage of Philippine Postal Corporation.

The anti-graft court, however, noted that the Ombudsman's charge sheet lacked allegations that Villanueva acted with manifest partiality, evident bad faith, and/or gross inexcusable negligence, deemed as essential elements for the charges.

The court pointed out that Villanueva was correct in citing the Supreme Court decision on Dela Chica v. Sandiganbayan, which dismissed the case for the failure to allege elements essential to the charges.

"Since the Information is fatally defective, the instant case should be dismissed," the court said.

Before his appointment as postmaster general, Villanueva was military chief from 2001 to 2002, the early years of former President Gloria Macapagal-Arroyo's administration.

http://news.abs-cbn.com/news/09/06/17/fatally-defective-sandiganbayan-junks-graft-raps-vs-ex-afp-chief-villanueva