MANILA - (2ND UPDATE) A Pasay City court has cleared House Speaker Gloria Macapagal-Arroyo of electoral sabotage charges in connection with the 2007 senatorial elections, when she was president.

The court handling the case granted the demurrer to evidence filed by Arroyo, a copy of the order obtained by ABS-CBN News showed.

The demurrer to evidence, a plea that cites insufficiency of evidence, paves the way for the dismissal of the case even without the defense presenting its evidence.

READ: Excerpts of the order of Pasay RTC Br 112 acquitting Arroyo of electoral sabotage. Judge Jesus Mupas says prosecution failed to prove Arroyo conspired to commit electoral sabotage to rig 2007 elections in Maguindanao and ensure 12-0 win for senatorial slate. pic.twitter.com/A7KUzNF45i

— Mike Navallo (@mikenavallo) December 28, 2018

In its ruling dated December 17, 2018, the Pasay City Regional Trial Court Branch 112 found that the prosecution "failed to discharge its duty to prove the guilt of accused Arroyo beyond reasonable doubt, even in the absence of controverting evidence on the part of the accused."

The case against Arroyo alleged that she instructed former Maguindanao Governor Andal Ampatuan Sr. to rig the 2007 senatorial elections to ensure a 12-0 win for her administration's Team Unity senatorial ticket.

But Judge Jesus Mupas said such an instruction does not constitute a crime.

"As noted by the Court, the Information is silent as to how accused Arroyo wanted accused Ampatuan to 'ensure' such victory. There is no allegation in the Information that accused Arroyo ordered, or even suggested, that election documents be tampered with, or that votes for any candidate be increased or decreased," he said.

"This defect cannot be remedied by any testimonial evidence without violating the Constitutional rights of the accused. The rule is that variance between the allegation in the information and proof adduced during trial shall be fatal to the criminal case if it is material and prejudicial to the accused so much so that it affects his substantial rights," he added.

The court also said there was no indication that Arroyo committed any acts towards the commission of the electoral sabotage or that she directly participated or asserted her moral ascendancy over her co-accused to commit the crime.

It rejected the testimony of witness Engr. Norie Unas, who was the only one who mentioned the name of Arroyo.

According to Unas, Arroyo said "dapat 12-0 sa Maguindanao, kahit ayusin o palitan pa ang resulta."

The court said Unas' testimony was uncorroborated by any other witness and is not believable.

In a statement, Arroyo's counsel, Ferdinand Topacio, said the former president's acquittal serves as a "great vindication" for Arroyo after she had been "persecuted without end" by the previous administration.

He accused Senator Koko Pimentel of hastily filing the electoral sabotage case in 2011 to defeat the Supreme Court's order allowing Arroyo to travel to Singapore.

“An indication of the persecutorial nature of the electoral sabotage case is the fact that bail was granted to Mrs. Arroyo eight months after case was filed, thus showing that evidence of guilt is not strong. Thereafter, not a single witness or document was ever presented showing the participation of Mrs. Arroyo in the crime for which she is charged," Topacio said.

With Arroyo's acquittal, Topacio claimed there are no more cases pending in court against Arroyo.

It was through a demurrer to evidence that Arroyo secured her 2016 acquittal from plunder charges filed against her for the allegedly questionable release of P366 million in Philippine Charity Sweepstakes Office intelligence funds in her last two years as President.

Her 2004 "Hello, Garci" electoral fraud case also lapsed in 2009.

“The Arroyo Family is grateful for the gift of justice given them, which they say is the best New Year’s gift they can ever hope to receive. They reiterate their faith in the justice system, and express their gratitude to those who stood by them in their trying times, and who never wavered in their belief of Mrs. Arroyo’s innocence," Topacio said.

• SC grants Arroyo plea, orders her release