By Czarina Nicole Ong The Sandiganbayan Second Division did not allow former Bacolod Rep. Monico Puentevella to file demurrer to evidence with regard to his graft charge involving the reportedly anomalous use of his priority development assistance fund (PDAF) from 2002 to 2005. (MANILA BULLETIN) 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. Puentevella's was accused of violating Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act because he reportedly conspired with Merryland Publishing Corporation president Jessie D. Garcia with regard to the procurement of information technology packages at P40,000 each, or a total of P26 million. According to prosecutors, this was in violation of Executive Order No. 40 series of 2001 and R.A. 9184 or the Government Procurement Reform Act. The company was endorsed by Puentevella without the conduct of public bidding, therefore depriving the government of the most advantageous offer for the purchased items. Puentevella stated in his motion for leave to file demurrer to evidence that the evidence adduced by the prosecution is insufficient to prove his guilt of the crime charged. But after a careful study, the anti-graft court found that the testimonies of various witnesses presented by the prosecution are prima facie sufficient for conviction, unless successfully rebutted by defense evidence.