Trial proceeds vs 4 individuals named in P10-M graft charges
The Sandiganbayan has denied anew the motion to dismiss the graft charges filed against four private individuals who are co-accused in the alleged misuse of the P10 million priority development assistance fund (PDAF) of the late Compostela Valley Rep. Prospero S. Amatong.
Denied anew was the plea to file a demurrer to evidence by Philippine Environmental and Ecological Development Association (PEEDAI) Chief Executive Officer Suniel Canoy, Chief Operating Officer Vincent Jaudian, Treasurer Mercy Cabig, and Vice President Alfredo Soriano.
Their first plea to file a demurrer to evidence – a pleading to dismiss a criminal charge on alleged insufficiency of the prosecution’s evidence to sustain a conviction – had earlier been denied by the anti-graft court. They filed a motion for reconsideration.
In their motion for reconsideration, the four PEEDAI officers said they were "merely dragged into the case" in the endorsement by Amatong of their non-government organization, and not a single witness was presented to testify on their alleged conspiracy.
But the Sandiganbayan’s second division, in a resolution written by Associate Justice Michael Frederick L. Musngi with the concurrence of division Chairperson Oscar C. Herrera Jr. and Associate Justice Arthur C. Malabaguio, denied their motion.
"An examination of the issues raised by the accused reveals that the same are mere rehash of the arguments presented in their Motion for Leave to File Demurrer to Evidence, which have been passed upon and duly considered by the Court in the assailed Resolution," the resolution stated.
"There being no new matters or issues to warrant a reversal of the Resolution, the Motion for Reconsideration must be denied," it added.
Also accused in the graft case are then Director General Antonio Ortiz, Deputy Director General Dennis Cunanan, Legislative Liaison Officer and Group Manager Maria Rosalinda Lacsamana, and Group Manager Francisco Figura of the now-abolished Technology Resource Center (TRC).
Aside from graft charges, the four officials of the now defunct TRC are also accused of violations of Article 217 of the Revised Penal Code on malversation of public funds.
The prosecution alleged that the four officials of the then TRC took advantage of their positions when they reportedly conspired with Amatong to give unwarranted benefits to the PEEDAI in the release of P10 million in PDAF funds to the non-government organization.
The funds were intended for the implementation of livelihood and development projects for the 2nd district of Compostela Valley entitled "District-Wide Livelihood & Entrepreneurial Promotions and Development Program."
The prosecution also alleged that because of their actions, the PEEDAI officers were able to misappropriate public funds instead of "implementing the said PDAF-funded projects in the 2nd District of Compostela Valley, which project turned out to be non-existent, to the damage and prejudice of the government in the said amount."