By Czarina Nicole Ong
The Sandiganbayan Second Division has denied the motion for reconsideration (MR) filed by former Technology Resource Center (TRC) Deputy Director General Dennis Cunanan, who wanted the anti-graft court to reconsider letting him challenge the sufficiency of the prosecution's evidence in his graft and malversation charges.
Sandiganbayan (MANILA BULLETIN)
Cunanan is facing two graft and two malversation charges due to the reported misuse of the P19.5 million priority development assistance fund (PDAF) of former Isabela 4th District Rep. Anthony Castillo Miranda back in 2007.
Cunanan filed a motion for leave to file demurrer to evidence, seeking to challenge the prosecution's evidence as insufficient to sustain a guilty verdict. But on February 8, the court denied his motion.
Cunanan filed an MR and begged the court to take a second look at his arguments. He pointed out that the prosecution's alleged proofs of conspiracy are nothing but speculation from his signature on the disbursement voucher.
He added that his signature is not really an overt sign of conspiracy, since he signed documents merely as part of his duties as Deputy Director General of the TRC.
The Sandiganbayan found Cunanan's arguments repetitive and stated in its resolution that it is "bereft of merit."
"The Supreme Court has repeatedly held in a long line of cases that a motion for reconsideration should be denied when the same only rehashes issues previously put forward," the resolution read.
"No new argument was presented by the defendants in the instant motion. The arguments raised therein have already been judiciously passed upon and properly considered by the court in its assailed resolution," it added.
The three-page resolution was penned by Associate Justice Michael Frederick Musngi with the concurrence of Chairperson Oscar Herrera Jr. and Associate Justice Lorifel Pahimna.
Should Cunanan insist on filing his demurrer without leave of court, he is still free to do so but this would mean he is waiving his right to present his own evidence.
Sandiganbayan (MANILA BULLETIN)
Cunanan is facing two graft and two malversation charges due to the reported misuse of the P19.5 million priority development assistance fund (PDAF) of former Isabela 4th District Rep. Anthony Castillo Miranda back in 2007.
Cunanan filed a motion for leave to file demurrer to evidence, seeking to challenge the prosecution's evidence as insufficient to sustain a guilty verdict. But on February 8, the court denied his motion.
Cunanan filed an MR and begged the court to take a second look at his arguments. He pointed out that the prosecution's alleged proofs of conspiracy are nothing but speculation from his signature on the disbursement voucher.
He added that his signature is not really an overt sign of conspiracy, since he signed documents merely as part of his duties as Deputy Director General of the TRC.
The Sandiganbayan found Cunanan's arguments repetitive and stated in its resolution that it is "bereft of merit."
"The Supreme Court has repeatedly held in a long line of cases that a motion for reconsideration should be denied when the same only rehashes issues previously put forward," the resolution read.
"No new argument was presented by the defendants in the instant motion. The arguments raised therein have already been judiciously passed upon and properly considered by the court in its assailed resolution," it added.
The three-page resolution was penned by Associate Justice Michael Frederick Musngi with the concurrence of Chairperson Oscar Herrera Jr. and Associate Justice Lorifel Pahimna.
Should Cunanan insist on filing his demurrer without leave of court, he is still free to do so but this would mean he is waiving his right to present his own evidence.