MANILA, Philippines — The Sandiganbayan has dismissed the motion of a former mayor of San Fernando, Bukidnon to dismiss the charges filed against him in connection with the municipal government’s alleged anomalous purchase of heavy equipment.
In a minute resolution promulgated on Oct. 21 and obtained by reporters yesterday, the anti-graft court’s seventh division denied the motions for leave to file a demurrer to evidence filed by Laurencia Edma and her co-accused – former municipal accountant Felipa Catanus, state auditor Carlito Matias and Bernardita Basay, proprietor of Mindanao Philippine Sunday Journal.
A demurrer to evidence would have allowed the defendants to seek the dismissal of the cases without presenting their defense but based solely on the supposed weakness of evidence of the prosecution.
“The motion... gave... no specific ground on why leave should be granted save for the allegation that the evidence was not sufficient,” the seventh division said.
The court said Edma and her co-accused should “substantially refute” the evidence presented against them when they present their counter-evidence.
The court said Edma and her co-accused could still file their respective demurrer without a leave of court but they should submit the case for judgement on the basis of the evidence for the prosecution.
The defendants were indicted for graft and three counts of falsification of public documents in 2014 over the purchase of a soil compactor and a tractor worth P14 million from Monark Equipment Corp. in 2004 without public bidding.
Former municipal budget officer Nestor Lopez and secretary Menchie Landicho were included in the charge sheets.