Sandiganbayan rejects anew bid to drop P289-M flood scam case

MANILA, Philippines — The Sandiganbayan Sixth Division on Tuesday again denied the motion of former Department of Public Works and Highways (DPWH) officials to dismiss the P289-million malversation case filed against them over alleged irregularities in flood control projects.

The malversation of funds through falsification of public documents stemmed from a P289.4 million Sunwest project, the company where former party-list representative Zaldy Co is said to be a beneficial owner, which state prosecutors said had serious structural deficiencies.

READ: Ombudsman files 1st batch of raps vs Zaldy Co, others before Sandigan

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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.

READ: Court junks bid of Zaldy Co’s co-accused to dismiss malversation case

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 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.

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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 said.

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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.

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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.  /jpv