Manila: The Court of Appeals (CA) has nullified the acquittal and reinstated criminal charges against two individuals involved in the illegal importation of toxic waste from Canada, an incident that occurred 12 years ago.

According to Philippines News Agency, the CA’s Eighth Division issued a 10-page decision on January 31, which reinstated charges against Adelfa Eduardo, owner of Chronic Plastics Inc., and customs broker Leonora Flores. They are accused of importing 50 40-foot container vans from Canada, which were declared as “plastic scrap” but were later discovered to contain household garbage, including used adult diapers. The shipment arrived in six batches between June and August 2013.

In July 2023, Judge Paulino Gallegos, now retired, of the Manila Regional Trial Court (RTC) Branch 47, acquitted the accused by granting their petition for demurrer to evidence. A demurrer is a plea for the dismissal of a case after the presentation of the prosecution’s evidence.

The Office of the Solicitor General (OSG) appealed the decision to the CA, arguing that the Manila RTC had prematurely granted the demurrer to evidence. The OSG claimed that the filing of the demurrer and the issuance of Gallegos’ order occurred before the prosecution had rested its case, and that the prosecution’s motion for reconsideration was denied unreasonably and arbitrarily.

The CA ruled that an acquittal is tainted with grave abuse of discretion when it is shown that the prosecution’s right to due process was violated or that the trial was a sham. The court stated, “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.”

The CA has directed the RTC to resolve the Demurrer to Evidence promptly, allowing the prosecution the opportunity to file its comment and/or opposition to the private respondents’ motion.