Sandiganbayan junks Villafuerte's bid to challenge evidence
Published Oct 8, 2018 02:35 pm
By Czarina Nicole Ong
The Sandiganbayan Sixth Division has junked anew the motion for leave to file demurrer filed by Camarines Sur 2nd District Rep. Luis Raymund "LRay" Favis Villafuerte Jr. in relation to his graft case.
Camarines Sur Rep. Luis Raymund Villafuerte (Credits: Wikipedia | Manila Bulletin file photo)
Villafuerte is facing three graft charges in connection with the anomalous purchase of P20 million worth of fuel when he was still the governor of Camarines Sur.
Filing a demurrer to evidence is an act contesting that the evidence offered in the case is insufficient. If the court grants it, then the case would be dropped.
But since the motion for leave to file is denied, Villafuerte is still free to file his demurrer to evidence. However, filing a demurrer means he is waiving his right to present evidence.
The anti-graft court already ruled on August 28 to deny his motion for leave, but Villafuerte
filed a motion for reconsideration and argued that the resolution failed to state how the prosecution's evidence prove the allegations in the charge sheet beyond reasonable doubt.
He said he should have been given the opportunity to explain his side, considering that the prosecution unsuccessfully proved how he acted with manifest partiality or evident bad faith.
However, the Sandiganbayan found no reason to overturn its ruling and even stated that his repeated request to file a demurrer is "an indication that accused is merely stalling the proceedings."
"Accused Villafuerte contends that he was deprived of his right to due process because the assailed resolution did not state the factual and legal bases of the ruling, and because it did not show how the prosecution's evidence proved the allegations in the informations beyond reasonable doubt. His contention is untenable," the resolution read.
As for his other arguments, the Sandiganbayan said these were a mere reiteration or rehash of his earlier motion for leave. Since these have already been considered and found to be without merit, the anti-graft court decided to deny it again.
Villafuerte was accused of violating Section 3(e) of Republic Act 3019, also known as the Anti-Graft and Corrupt Practices Act, when he reportedly went ahead with the purchase of fuel even without undergoing the proper bidding process.
Camarines Sur Rep. Luis Raymund Villafuerte (Credits: Wikipedia | Manila Bulletin file photo)
Villafuerte is facing three graft charges in connection with the anomalous purchase of P20 million worth of fuel when he was still the governor of Camarines Sur.
Filing a demurrer to evidence is an act contesting that the evidence offered in the case is insufficient. If the court grants it, then the case would be dropped.
But since the motion for leave to file is denied, Villafuerte is still free to file his demurrer to evidence. However, filing a demurrer means he is waiving his right to present evidence.
The anti-graft court already ruled on August 28 to deny his motion for leave, but Villafuerte
filed a motion for reconsideration and argued that the resolution failed to state how the prosecution's evidence prove the allegations in the charge sheet beyond reasonable doubt.
He said he should have been given the opportunity to explain his side, considering that the prosecution unsuccessfully proved how he acted with manifest partiality or evident bad faith.
However, the Sandiganbayan found no reason to overturn its ruling and even stated that his repeated request to file a demurrer is "an indication that accused is merely stalling the proceedings."
"Accused Villafuerte contends that he was deprived of his right to due process because the assailed resolution did not state the factual and legal bases of the ruling, and because it did not show how the prosecution's evidence proved the allegations in the informations beyond reasonable doubt. His contention is untenable," the resolution read.
As for his other arguments, the Sandiganbayan said these were a mere reiteration or rehash of his earlier motion for leave. Since these have already been considered and found to be without merit, the anti-graft court decided to deny it again.
Villafuerte was accused of violating Section 3(e) of Republic Act 3019, also known as the Anti-Graft and Corrupt Practices Act, when he reportedly went ahead with the purchase of fuel even without undergoing the proper bidding process.