MANILA, Philippines — The Sandiganbayan has denied the motions of two former regional officials of the Department of Agriculture (DA) seeking the dismissal of the charges filed against them in connection with the fertilizer fund scam.
In an eight-page resolution obtained by reporters yesterday, the anti-graft court’s sixth division denied the motions for leave to file a demurrer to evidence of former DA-Ilocos regional office chief administrative officer and bids and awards committee chairman Francisco Casil and former administrative officer and BAC member Lourdes Gonzales.
A demurrer to evidence would have allowed Casil and Gonzales to seek the dismissal of the graft and malversation charges they are facing based solely on the supposed weakness of evidence of the prosecution.
The sixth division maintained that state prosecutors submitted sufficient evidence to prove the guilt of Casil and Gonzales.
“If unrebutted, the same is prima facie sufficient to support a verdict of guilt,” the ruling read.
Casil and Gonzales are co-accused of former DA-Ilocos regional executive director Renerio Belarmino Jr. in the alleged anomalous procurement of liquid fertilizer and seeds from three questionable suppliers in 2004 amounting to P3.2 million.
The ombudsman said that aside from lack of public bidding, the purchased items were overpriced.
In denying the motions of Casil and Gonzales, the court said the two former officials failed to substantiate their claim that the evidence of the prosecution is weak.