MANILA — The Sandiganbayan has dismissed the graft case against former Philippine Reclamation Authority (PRA) chairman and ex-Justice Secretary Alberto Agra, citing insufficient evidence.

In a report, it said that the case stemmed from his alleged involvement in the execution of a 2021 memorandum of agreement between the PRA and the City of Bacoor covering reclamation projects in Bacoor Bay.

In a June 5 resolution, the Sandiganbayan Third Division granted Agra’s demurrer to evidence, a legal remedy that seeks dismissal of a case due to the prosecution’s failure to present sufficient evidence.

A demurrer to evidence is a pleading filed by the accused asking the court to dismiss the charge due to the prosecution’s weak evidence.

The anti-graft court said Agra was not an approving authority in the questioned agreements and only served as a witness during the signing of the three MOAs.

“The prosecution failed to prove that Agra represented, directed, or instructed the execution of the questioned MOAs as alleged in the information. The evidence showed that the agreements were executed by Atty. Janilo Rubiato, then General Manager of PRA, pursuant to resolutions passed by the Board of Directors of PRA, while Agra signed only as a witness,” the court said.

It also said no evidence was presented showing that Agra instructed the PRA Board to approve or execute the agreements.

Sandiganbayan Third Division chairperson Associate Justice Karl Miranda agreed with the dismissal but noted that Agra should have respected the right of first refusal of Cavitex Holdings Inc. (CHI) and the Cavite provincial government, which had been recognized in earlier opinions of the Office of the Government Corporate Counsel (OGCC) and the Department of Justice (DOJ).

“Agra should have honored the same [decision of OGCC and DOJ],” Miranda said.

However, the court said there was no proof that Agra withheld information from the PRA Board or acted with malice or bad faith.

“At most, Agra’s fault lies in his seeking a definitive judicial resolution of the competing claims before approving the projects, but the same amounted only to an error of judgment, and not “manifest partiality, evident bad faith or gross inexcusable negligence” contemplated under Section 3 (e) of R.A. 3019,” Miranda said.

Associate Justice Fritz Bryn Delos Santos also concurred, noting that Agra could not be expected to be aware of all internal operational documents of the PRA.

“The prosecution relied on a mere presumption of knowledge without presenting any concrete evidence that Agra had indeed been notified by Rubiato of the existence of the OGCC and DOJ opinions,” Delos Santos said.

With the case dismissed, the Sandiganbayan ordered the lifting of the Hold Departure Order against Agra and the release of his cash bond.