THE SANDIGANBAYAN Sixth Division rejected the plea of former public works officials from Region 4 to dismiss the P289-million malversation case filed against them and instead would continue hearings on June 30.
In a June 23 resolution, the anti-graft court reiterated that granting the motions for leave to file demurrer to evidence – a legal maneuver testing the sufficiency of the prosecution’s case before the defense presents its own evidence– is just a tactic to “stall the proceedings.”
Respondents had argued that prosecutors failed to present witnesses confirming the delivery of shortened steel sheet piles.
Gerald Pacanan, Dominic Serrano, Juliet Calvo, Dennis Abagon, Montrexis Tamayo, Lerma Cayco and Felisardo Casuno had filed the motion but the court pointed out that the arguments raised by the defense were mere rehashes of their previous filings, making it a “useless ritual for the Court to reiterate itself.”
The Sandiganbayan Sixth Division has denied motions from former DPWH Region 4-B officials to file a demurrer to evidence, aimed at dismissing malversation and falsification charges regarding a P289.4-million flood control project in Naujan, Oriental Mindoro. The court found these motions to be mere rehashes of previous arguments intended to delay the proceedings.
The malversation of funds through falsification of public documents stemmed from a P289.4 million Sunwest project, the company beneficially owned by former party-list representative Zaldy Co, which state prosecutors said had serious structural deficiencies.
In a 10-page resolution, the anti-graft court denied the motion for reconsideration filed by nine former Department of Public Works and Highways (DPWH) officials to the court’s June 1 ruling junking their demurrer to evidence.
The court said their motions for reconsideration are just “a mere reiteration or rehash of the arguments” of their motion for leave to file a demurrer to evidence.
“The Court had studied and passed upon said arguments in the resolution sought to be reconsidered,” the resolution stated. “It is a useless ritual for the Court to reiterate itself.”
A demurrer to evidence is a motion asking the court to dismiss a case after the prosecution has finished presenting evidence. The defense files such a motion to argue that the evidence presented is insufficient to establish guilt.
However, as for leave to file a demurrer to evidence, the anti-graft court said courts could only grant this after determining if such a move was not made just to delay the proceedings.
“After reviewing the prosecution evidence and the parties’ arguments, this Court arrived at the conclusion that granting the same would only lead to delay and, hence, denied the said motions,” the resolution quoted by the Inquirer said.
Still, the anti-graft court said the accused could still file their demurrer to evidence “without” leave of court.
The defense team was only informed of the 10-page resolution this Tuesday, or the trial schedule, when they were supposed to present their witness.
The denial of their motion prompted them to seek a postponement of the trial.
Associate Justice Kevin Vivero, senior member of the anti-graft court’s Sixth Division, said during open court: “The defense, in unison, manifested that they have just received the order of the court denying their motion for reconsideration [and they move to cancel the trial] to enable them to be ready and determine the legal options available to them.”
Vivero said the defense’s motion “is hereby granted.”
The trial of former DPWH officials will resume on June 30, Tuesday.
The respondents who used to be under DPWH are: former regional director Gerald Pacanan, former assistant regional director Gene Ryan Alaurin Altea, former assistant regional director Ruben Delos Santos Santos, Jr., former construction division chief Dominic Gregorio Serrano, former maintenance division chief Juliet Cabungan Calvo, former quality assurance and hydrology division chief Dennis Pelo Abagon, former planning and design division chief Montrexis Tordecilla Tamayo, former accountant Lerma Dotado Cayco, former project engineer Felisardo Sevare Casuno, and former engineer Timojen Adiong Sacar.
For his part, Co could not participate in the trial as he was earlier declared by Sandiganbayan as a fugitive from justice.
A respondent declared as a fugitive from justice could no longer participate in the proceedings and could not seek any judicial relief unless they surrender voluntarily.
Sunwest is co-founded by Co, who also used to be the chairperson of the powerful House committee on appropriations before his resignation as a party-list representative in September last year amid the widespread public outrage on the multibillion flood control corruption scandal.