The Sandiganbayan has denied the motion to dismiss the graft cases filed against two former officials of Trade Investment Development Corporation (TIDCorp), now Philippine Guarantee Corporation (PhilGuarantee), and three individuals in relation to the P1.7 billion guarantee granted to a private company in 2003.

Denied were the motions filed by former TIDCorp Executive Vice President Rolando C. Alonzo and Account Officer Teresita Cometa, and private individuals Alison Sy, Guillermo Sy, and Renato Ang -- all officers and stockholders of World Granary, Inc. (WGI).

They told the anti-graft court that since TIDCorp had already been paid in full by WGI, there was no more injury or damage incurred by the government.

But the court said that the fact that TIDCorp had already been paid will not affect the criminal liability of the accused. Payment will merely exculpate them from any civil liability.

It pointed out that the payment might negate undue injury, but it does not negate charges of giving unwarranted benefits, advantage, or preference.

The two former TIDCorp officials and the three private individuals were charged with graft for extending the loan guarantee even if WGI was not qualified, the prosecution alleged.

With the guarantee, WGI was able to withdraw the amount as a loan from ABN-AMRO Bank with TIDCorp as guarantor.

When WGI was required to pay its first interest payment three years later from 2003, it failed to do so. Since TIDCorp was the guarantor, it was forced to pay the company's liabilities. TIDCorp paid P1.87 billion to the bank in 2012.

TIDCorp then demanded payment from WGI in a case filed before the regional trial court (RTC) in Lucena City.

Alonzo and his group then manifested before the Sandiganbayan that TIDCorp had been paid by WGI with P996.04 million given last May as full payment. They then filed their motions to dismiss their cases.

In denying their motions, the Sandiganbayan said:

"They have not cited any provision of law or rules of procedure, or any ruling of the Supreme Court authorizing the dismissal of the present case during the presentation of evidence for the defense, solely grounded on the assertion that one of the elements of the offense charged is negated, without this Court passing upon the merits of the case.”

Associate Justice Sarah Jane T. Fernandez wrote the resolution which was concurred in by Associate Justices Karl B. Miranda and Kevin Narce B. Vivero of the court’s sixth division.