Manila Bulletin
Sandiganbayan junks motion of prosecutor, lawyer to challenge evidence in graft case
Sandiganbayan junks motion of prosecutor, lawyer to challenge evidence in graft case
Sandiganbayan junks motion of prosecutor, lawyer to challenge evidence in graft case
By CJ Juntereal
Published Nov 6, 2019 02:27 pm
By Czarina Ong Ki
The Sandiganbayan Sixth Division has junked the motion for leave to file demurrer to evidence of Deputy City Prosecutor Roselyn Murillo-Mamon and lawyer Pherham Saiddi, who were both charged with graft for offering money to a police officer in order for him to stop from pursuing a case.
Sandiganbayan (MANILA BULLETIN)
They were slapped with a violation of Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act for offering Police Staff Sergeant Flavio Enriquez Jr., the complainant, P200,000 in order for him to stop pursuing the frustrated murder case against Patrolman Phon Mohammad and a certain Dadoh Mohammad.
Mamon is handling the case before the Regional Trial Court Branch 14 in Zamboanga City. Mamon and Saiddi were entrapped by the National Bureau of Investigation (NBI) in an operation held sometime in August 2003.
In his motion, Saiddi said that the prosecution failed to prove that he was the counsel of Phon and Dadoh, who were accused of Frustrated Murder in Criminal Case No. 26697.
He further alleged that the prosecution was unable to prove how he offered P200,000 to Enriquez in consideration of his desistance from testifying against Phon and Dadoh. Saiddi added that there was no proof that he conspired with Mamon in the commission of the abovementioned acts.
Mamon later filed a motion adopting Saiddi's motion, while the prosecution filed an opposition to both motions, stressing that it had adduced sufficient evidence for the indictment of Mamon and Saiddi.
For its part, the anti-graft court sided with the prosecution. "After a thorough review of the records of the case and the evidence submitted by the prosecution, the Court finds that, if unrebutted, the same is sufficient to support a verdict of guilt," the resolution read.
The three-page resolution was penned by Associate Justice Karl Miranda with the concurrence of Chairperson Sarah Jane Fernandez and Associate Justice Kevin Narce Vivero.
Section 3(e) prohibits any public official from "causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence."
Sandiganbayan (MANILA BULLETIN)
They were slapped with a violation of Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act for offering Police Staff Sergeant Flavio Enriquez Jr., the complainant, P200,000 in order for him to stop pursuing the frustrated murder case against Patrolman Phon Mohammad and a certain Dadoh Mohammad.
Mamon is handling the case before the Regional Trial Court Branch 14 in Zamboanga City. Mamon and Saiddi were entrapped by the National Bureau of Investigation (NBI) in an operation held sometime in August 2003.
In his motion, Saiddi said that the prosecution failed to prove that he was the counsel of Phon and Dadoh, who were accused of Frustrated Murder in Criminal Case No. 26697.
He further alleged that the prosecution was unable to prove how he offered P200,000 to Enriquez in consideration of his desistance from testifying against Phon and Dadoh. Saiddi added that there was no proof that he conspired with Mamon in the commission of the abovementioned acts.
Mamon later filed a motion adopting Saiddi's motion, while the prosecution filed an opposition to both motions, stressing that it had adduced sufficient evidence for the indictment of Mamon and Saiddi.
For its part, the anti-graft court sided with the prosecution. "After a thorough review of the records of the case and the evidence submitted by the prosecution, the Court finds that, if unrebutted, the same is sufficient to support a verdict of guilt," the resolution read.
The three-page resolution was penned by Associate Justice Karl Miranda with the concurrence of Chairperson Sarah Jane Fernandez and Associate Justice Kevin Narce Vivero.
Section 3(e) prohibits any public official from "causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence."