MANILA — The Supreme Court has cleared former Optical Media Board chair and CEO Ronnie Ricketts of graft in connection with the unauthorized release of pirated DVDs and VCDs in a 2010 operation.

Ricketts, who headed the agency from 2009 to 2016, was accused of authorizing the release of 121 boxes of confiscated optical discs.

OMB Computer operator Glenn Perez mentioned Ricketts’ name when the guard-on-duty spotted him reloading the boxes onto a seized van at 10 p.m. inside the OMB compound on May 27, 2010.

The boxes and the van were among the items seized in an operation in Quiapo, Manila earlier that day.

Perez subsequently returned the boxes to Sky High Marketing and no charges were filed.

The Sandiganbayan, in 2019, convicted both Ricketts and Perez and sentenced them to up to 8 years in prison and perpetually disqualified them from holding public office. Three other OMB officials were acquitted.

But the SC Second Division, on March 16 this year, modified the Sandiganbayan’s ruling by acquitting Ricketts.

Despite one OMB official testifying that Ricketts allegedly told them the missing items had been transferred to a safe place, the high court said there was no evidence of a conspiracy between Ricketts and Perez since the evidence against Ricketts were all hearsay.

“The prosecution hinges its theory of conspiracy solely on Gazzingan's report that when he caught Perez bringing out the seized items without the proper written authorization form or gate pass, Perez told him that it was Chairman Ricketts who had ordered him to do so. To the Sandiganbayan, this report, coupled with Ricketts' failure to make a specific denial during trial, was sufficient to make accused-appellants liable as co-principals by reason of consp1racy,” the decision penned by SC associate justice Ricardo Rosario said.

“The Court disagrees. Despite Ricketts' failure to testify during the trial, the presumption of innocence should remain in his favor and the prosecution continued to have the burden of proving his guilt beyond reasonable doubt. Unfortunately, the prosecution failed to discharge its burden,” it added.

The court said the guard had no personal knowledge as to who actually ordered Perez to pull out the seized items and that it’s possible Perez only mentioned Rickett’s name as an excuse.

Both Ricketts and Perez did not testify during the trial at the Sandiganbayan.

The SC Second Division also lifted the hold departure order against Ricketts, even as it affirmed Perez’s conviction.

Perez, according to the court, interfered with the legal process to the damage and prejudice of the government, when he returned the discs to Sky High Marketing and gave the company unwarranted benefit.

Then-Senior Associate Justice Estela Perlas-Bernabe and associate justices Ramnon Paul Hernando, Rodil Zalameda and Jose Midas Marquez concurred in the decision.

In a statement, Ricketts welcomed the SC ruling and thanked his lawyer Howard Calleja.

“All my actions as OMB Chairperson and CEO were undertaken in pursuit of its mandate, and only had public interest in mind. Kapakanan lang po ng mamamayan ang aking ipinaglaban,” he said.

“This decision of the Supreme Court truly upholds the rule of law, and strengthens my faith, and the faith of all who fought with me, in our justice system,” he added.