The Sandiganbayan Third Division granted former senator Ramon "Bong" Revilla Jr. bail in his malversation case involving alleged kickbacks from a P92.8-million flood control project in Pandi, Bulacan.

In a 106-page resolution dated 31 July, the anti-graft court ruled that prosecutors failed to present strong evidence of Revilla's guilt during the bail hearings.

The court said an accused may be denied bail only if the evidence of guilt is strong, adding that the prosecution did not meet that threshold.

The resolution noted that the testimonies of former and current Department of Public Works and Highways officials, including Henry Alcantara and Roberto Bernardo, did not sufficiently establish that Revilla committed malversation.

"In accused Revilla's case, there was no narration in the testimonies offered as to how accused Revilla facilitated the inclusion of the subject project for funding," the court said.

It added that Revilla's position as chairman of the Senate Committee on Public Works did not automatically give him the authority to author a national budget that would bind the Senate or the bicameral conference committee.

The court also found no proof that Revilla had agreed with his co-accused to commit malversation, saying the prosecution failed to establish a prior conspiracy that would constitute strong evidence of guilt.

Another factor cited by the court was that the money allegedly received by Revilla came from private contractors and had not yet assumed the character of public funds.

"At the time accused Revilla allegedly received his 'commitments,' the cash supposedly involved in the deliveries came from private persons. At that time, the funds involved insofar as accused Revilla is concerned were not public in character," the resolution stated.

The court further said that because the alleged malversation occurred during the implementation stage of the project, prosecutors should have presented evidence of a prior agreement showing that Revilla would receive proceeds from projects allegedly inserted into the 2025 national budget.

Dissent

Associate Justice and Third Division Chairperson Karl Miranda dissented from the ruling in a 45-page opinion, arguing that it was inconsistent to grant provisional liberty to the alleged beneficiary of the conspiracy while his co-accused remained detained.

Miranda said that although Revilla was not accused of directly handling the funds, the alleged personal benefit he received constituted circumstantial evidence of his participation in the conspiracy.

"It is thus difficult to justify that the accused who personally benefited from the scheme is granted provisional liberty, while his co-accused are kept incarcerated despite lack of proof that they gained anything from the commission of the crime charged," Miranda wrote.

"The administration of justice demands consistency and fairness," he added.

Bail posted

Hours after the resolution was released, Revilla appeared before the Sandiganbayan with his wife, Cavite 2nd District Rep. Lani Mercado, and his legal counsel to post P1 million bail.

The Third Division clerk of court and Revilla's lawyer confirmed that he had complied with the court's requirements before he was escorted back to the Quezon City Jail-Male Dormitory to complete the remaining release procedures.

In a social media post following the ruling, Revilla wrote: "Thank you Lord."