Sandiganbayan denies motions of NWRB officials
Published Dec 24, 2019 12:00 am
By Czarina Nicole Ong Ki
The Sandiganbayan Sixth Division has denied the motions for leave to file demurrer to evidence of several officials of the National Water Resources Board (NWRB), an attached agency of the Department of Environment and Natural Resources (DENR).
Sandiganbayan (MANILA BULLETIN)
NWRB Regional Executive Director Vicente Paragas, Eleuterlo Villena Recile of the Community Environment and Natural Resources Office (CENRO) - DENR Regional Office IV, and DENR bids and awards committee (BAC) members Nelson Sikat and Loma Borlongan, Chief of the Survey Party Elpidio E. Atienza , and Arnulfo Lacanienta of the A.M. Lacanienta Surveying Office all filed their respective motions while Regional Technical Director Arnulfo Hernandez filed a manifestation adopting the motion of Sikat and Borlongan.
The officials were accused of conspiring with Lacanienta by falsifying public documents issued for a survey and mapping contract involving the Pola Watershed Project, which were used to support the payment of the contract cost to Lacanienta.
The documents stated that public bidding was conducted and that the project was completed. However, the prosecution said none of these were true.
Paragas said in his motion that the Information failed to state the specific acts he committed, how he conspired with his co-accused, and how they helped each other out in committing the said offense.
Recile contended in his motion that the evidence for the prosecution is insufficient to prove that he or his co-accused committed falsification and graft, while Sikat and Borlongan stressed that the prosecution's documents that will reportedly prove their acts of falsification are inadmissible since these are just photocopies.
Atienza adopted the motions of his co-accused, while Lacanienta said it is the prosecution's duty to identify the author of the crime. In this case, Lacanienta said not a single witness was presented to identify which one it is.
Unfortunately for the accused, the anti-graft court saw no reason why it should grant their motions.
"After a careful study of the documentary and testimonial evidence presented by the prosecution, the Court finds that, if unrebutted, the same is prima facie sufficient to support a verdict of guilt against the accused for violation of Section 3(e) of Republic Act No. 3019 and for Falsification under Article 171 of the Revised Penal Code," the resolution stated.
The 14-page resolution was penned by Chairperson Sarah Jane Fernandez with the concurrence of Associate Justices Karl Miranda and Kevin Narce Vivero.
Sandiganbayan (MANILA BULLETIN)
NWRB Regional Executive Director Vicente Paragas, Eleuterlo Villena Recile of the Community Environment and Natural Resources Office (CENRO) - DENR Regional Office IV, and DENR bids and awards committee (BAC) members Nelson Sikat and Loma Borlongan, Chief of the Survey Party Elpidio E. Atienza , and Arnulfo Lacanienta of the A.M. Lacanienta Surveying Office all filed their respective motions while Regional Technical Director Arnulfo Hernandez filed a manifestation adopting the motion of Sikat and Borlongan.
The officials were accused of conspiring with Lacanienta by falsifying public documents issued for a survey and mapping contract involving the Pola Watershed Project, which were used to support the payment of the contract cost to Lacanienta.
The documents stated that public bidding was conducted and that the project was completed. However, the prosecution said none of these were true.
Paragas said in his motion that the Information failed to state the specific acts he committed, how he conspired with his co-accused, and how they helped each other out in committing the said offense.
Recile contended in his motion that the evidence for the prosecution is insufficient to prove that he or his co-accused committed falsification and graft, while Sikat and Borlongan stressed that the prosecution's documents that will reportedly prove their acts of falsification are inadmissible since these are just photocopies.
Atienza adopted the motions of his co-accused, while Lacanienta said it is the prosecution's duty to identify the author of the crime. In this case, Lacanienta said not a single witness was presented to identify which one it is.
Unfortunately for the accused, the anti-graft court saw no reason why it should grant their motions.
"After a careful study of the documentary and testimonial evidence presented by the prosecution, the Court finds that, if unrebutted, the same is prima facie sufficient to support a verdict of guilt against the accused for violation of Section 3(e) of Republic Act No. 3019 and for Falsification under Article 171 of the Revised Penal Code," the resolution stated.
The 14-page resolution was penned by Chairperson Sarah Jane Fernandez with the concurrence of Associate Justices Karl Miranda and Kevin Narce Vivero.