The Sandiganbayan has granted bail to former Senator Ramon "Bong" Revilla Jr., underscoring that courts must decide cases based on judicial evidence rather than public perception.

In a 31 July resolution, the anti-graft court’s Third Division ruled that the prosecution failed to establish strong evidence of guilt against Revilla during bail hearings for his alleged involvement in a flood control project in Pandi, Bulacan.

The criminal information alleges that Revilla conspired with Department of Public Works and Highways (DPWH) officials to defraud the government. He faced a charge of malversation of public funds through falsification of public documents.

However, after months of hearings and the presentation of evidence, the court concluded that the prosecution failed to sufficiently establish Revilla’s alleged participation as a conspirator.

Crucial to the 176-page ruling was the finding that the prosecution failed to show how Revilla supposedly facilitated the inclusion of the project in the 2025 General Appropriations Act.

The court observed that while Revilla served as chairman of the Senate Committee on Public Works at the time, that position alone did not confer authority to insert projects into the national budget. Budgets undergo deliberation and approval by the Senate, the House of Representatives, and the Bicameral Conference Committee.

The decision noted that prosecution witnesses failed to establish a direct evidentiary link between an alleged request for a project list and the eventual funding of the specific project.

Furthermore, DPWH witnesses acknowledged that no request from Revilla pertaining to the subject project was produced in court.

The resolution also found that a substantial portion of the prosecution’s theory rested on statements from former DPWH Undersecretary Roberto Bernardo. The court noted that crucial allegations regarding project funding and alleged kickback arrangements remained unsupported by independent evidence.

In a concurring opinion, Associate Justice Ronald Moreno agreed that the prosecution failed to link Revilla to the alleged conspiracy. Moreno pointed out that even assuming Revilla requested a list of projects, the request could reasonably be connected to his official functions as Senate committee chairman.

Moreno also questioned the prosecution's theory regarding advance kickbacks, noting that witnesses testified the payments allegedly originated from private contractors before any government disbursement had been made. This carried legal significance because public funds—an essential element of malversation—did not yet exist at the time.

The separate opinion added that witnesses failed to establish through direct personal knowledge that money was delivered to Revilla. Individuals allegedly involved in transport admitted they did not know what was inside the boxes, and another witness acknowledged he never saw cash.

Defense counsel Rean Balisi said the resolution affirms that conspiracy must be proven by positive and conclusive evidence rather than conjecture.

Finding the legal burden unmet during the bail hearings, the Sandiganbayan granted Revilla’s application for bail and ordered his provisional release while the trial proceeds.