MANILA, Philippines – The Sandiganbayan 6th Division, in a decision made public on Tuesday, June 2, denied the motion of former Ako Bicol representative Zaldy Co‘s co-accused to junk their malversation case.

Division chairperson Associate Justice Sarah Jane Fernandez, with Associate Justice Kevin Narce Vivero and Lord Villanueva, denied the former Department of Public Works and Highways (DPWH) Mimaropa officials’ motions for leave to file demurrer to evidence. 

Motion for leave is filed to ask permission to do an action, and in this case, it was lodged to ask the court if the accused can seek demurrer to evidence. The demurrer to evidence, if granted, has the power to junk the case against the accused and acquit them of the charge.

This action may be sought after the prosecution has finished its presentation of evidence. It is filed by the accused if they think that the prosecution’s evidence against them is weak. 

With the denial of this motion, the trial will now proceed as scheduled, and the defense will now have to present their arguments to rebut the prosecution’s allegations.

“Accordingly, the Motions for Leave to File Demurrer to Evidence of accused Pacanan, Altea, Santos, Serrano, Calvo, Abagon, Tamayo, Cayco, and Casuno are denied for lack of merit. The schedule of hearings previously set for the presentation of defense evidence is maintained,” the 16-page decision read. 

Those who filed the motions were:

• Gerald Pacanan
• Gene Ryan Altea
• Ruben Santos Jr.
• Dominic Serrano
• Juliet Calvo
• Dennis Abagon
• Tordecilla Tamayo
• Lerma Cayco
• Felisardo Casuno

Co and the former DPWH officials were charged with malversation and graft cases due to alleged irregularities in the procurement and construction of a P289.4-million flood control project in Naujan, Oriental Mindoro. On April 7, the prosecutors from the Office of the Ombudsman presented their last witness and wrapped up the presentation of evidence in the case. 

The former DPWH Mimaropa officials believe that their malversation case should be junked because the prosecution’s presentation of evidence was not enough to convict them. Pacanan, for example, said the prosecution failed to prove the elements of malversation and the existence of conspiracy among the accused.

The court disagreed. The 6th Division ruled that the motions lacked merit or substantial evidence, adding that granting the accused’s request “would only serve to delay the proceedings.”

The malversation and graft cases against Co were the first set of cases that reached the courts in relation to the multi-billion-peso flood control corruption that hounded President Ferdinand Marcos Jr.’s administration. Apart from Co, some board members of Sunwest who were also charged in the cases remain at-large. – Rappler.com