By Jomel R. Paguian
THE SANDIGANBAYAN has rejected the motions to dismiss the criminal charges against former Palawan Governor Mario Joel T. Reyes and other co-accused officials in the 2008 Malampaya fund scam.
In a 15-page resolution promulgated on Wednesday, the Sandiganbayan Second Division resolved multiple motions seeking to dismiss the criminal charges filed by the Ombudsman in 2017 against Mr. Reyes and other provincial officials over P1.5 billion from the Malampaya fund.
The Sandiganbayan ruled that the reasons presented by the defense in their motions are deemed “untenable.”
“The Court finds no cogent reasons to grant leave to file demurrer to evidence. At this point of the trial, there being sufficient evidence to sustain the indictment for the crimes charged, the accused movants now bear the evidentiary burden to controvert the evidence of the prosecution,” read part of the resolution penned by Associate Justice Arthur O. Malabaguio.
In his motion for leave to file demurrer to evidence, Mr. Reyes argued that the prosecution failed to present sufficient evidence to prove irregularities during the bidding of the Malampaya projects. He also argued that as a provincial governor, he had to rely on his subordinates and on the good faith of those who were involved in the bidding and procurement processes.
But in its ruling, the Sandiganbayan said there is sufficient evidence to sustain the indictment for the crimes charged against the accused who “now bear the evidentiary burden to controvert the evidence of the prosecution.”
Motions for reconsideration and motions for leave to file demurrer to evidence filed by other accused naming Jesus Tan, Bella Cervantes, Cecila Colegio, Bernard I. Zambales, Romeo C. Llacuna, and Ronelo O. Del Socorro, among others, were also denied by the anti-graft court.
Associate Justices Oscar C. Herrera, Jr. and Edgardo M. Caldona concurred with the order.
