MANILA, Philippines — The Court of Appeals (CA) has nullified the acquittal of two individuals accused of illegally importing toxic waste from Canada 12 years ago, reinstating the criminal charges against them.

In a PNA report, the 10-page decision promulgated on January 31, the CA’s Eighth Division ruled to reinstate the charges against Adelfa Eduardo, owner of Chronic Plastics Inc., and customs broker Leonora Flores. 

The two were implicated in the importation of 50 container vans from Canada, misdeclared as “plastic scrap.”

The shipment, which arrived in six batches between June and August 2013, was later found to contain household garbage, including used adult diapers.

The case took a turn in July 2023 when then-Manila Regional Trial Court (RTC) Branch 47 Judge Paulino Gallegos, who has since retired, granted the accused’s demurrer to evidence, leading to their acquittal. 

A demurrer to evidence seeks the dismissal of a case on the grounds that the prosecution failed to present sufficient evidence.

Following the acquittal, the Office of the Solicitor General (OSG) appealed the ruling, arguing that the Manila RTC had prematurely granted the demurrer before the prosecution had fully rested its case. 

The OSG also contended that the prosecution’s motion for reconsideration was “unreasonably and arbitrarily” denied.

The CA ruled in favor of the OSG, emphasizing that the acquittal was flawed due to grave abuse of discretion and a violation of due process.

“An acquittal is considered tainted with grave abuse of discretion when it is shown that the prosecution’s right to due process was violated or that the trial conducted was a sham,” the CA stated in its ruling.

“Inasmuch as the acquittal of the private respondents was done without regard to due process of law, the same is null and void. It is as if there was no acquittal at all, and the same cannot constitute double jeopardy.”

With this decision, the appellate court directed the RTC to properly resolve the demurrer to evidence, ensuring that the prosecution is given the opportunity to file its comment and/or opposition before a final ruling is made.