Sandiganbayan denies bid of ex-Romblon town mayor to challenge evidence
By AJ Siytangco
Published Sep 3, 2019 05:33 pm
By Czarina Nicole Ong Ki
The Sandiganbayan Second Division has denied the bid made by former San Andres Mayor Fernald Rovillos of Romblon to file a demurrer to evidence in his graft charge involving the reportedly anomalous purchase of seedlings for the municipality back in 2014.
(MANILA BULLETIN)
A demurrer to evidence is an act made by the defense arguing that the prosecution's evidence is weak or insufficient enough to reach a conviction. If the court grants it, then the case is dismissed.
In this case, the anti-graft court refused to grant Rovillos the permission to file his demurrer because it "finds no merit" in the grounds raised by the accused.
Rovillos was accused of violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act for giving unwarranted benefits to Perlas Seed Growers when the latter was awarded the contract for the purchase of 10,000 pieces of Bitaog Seedlings amounting to P550,000 through direct contracting.
The award was made even though there was no certification from the Department of Trade and Industry (DTI) that there were no other sub-dealers selling the same seedlings at a lower price.
In his motion, Rovillos simply said that he should be granted leave of court to file demurrer to evidence in order for him to extensively discuss the grounds for the dismissal of the case.
In response, the prosecution said that his motion was "fatally defective" because of his failure to specify the grounds for the filing of the demurrer as it cited Rule 119, Section 23 of the Rules of Criminal Procedure.
The anti-graft court sided with the prosecution in its resolution dated August 15, stating that there was "no cogent reason" for it to grant Rovillos' motion for leave to file demurrer to evidence.
"The testimonial and documentary evidence presented by the prosecution, unless successfully rebutted by the accused, appear to be prima facie sufficient to support a finding of guilt beyond reasonable doubt" the resolution read.
The five-page resolution was written by Associate Justice Lorifel Pahimna with the concurrence of Chairperson Oscar Herrera Jr. and Associate Justice Michael Frederick Musngi.
Rovillos is facing the graft charge alongside Municipal Accountant Melinda Gaac, and Municipal Planning and Development Coordinator Mary Claire Mortel.
Bids and Awards Committee (BAC) Chairman and Municipal Social Welfare and Development Officer Chairman Caezar Valiente was likewise charged together with members Gay Tan, Genny Rose Vergara, and private individual Reynaldo Perlas, who is the proprietor of Perlas Seed Growers.
(MANILA BULLETIN)
A demurrer to evidence is an act made by the defense arguing that the prosecution's evidence is weak or insufficient enough to reach a conviction. If the court grants it, then the case is dismissed.
In this case, the anti-graft court refused to grant Rovillos the permission to file his demurrer because it "finds no merit" in the grounds raised by the accused.
Rovillos was accused of violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act for giving unwarranted benefits to Perlas Seed Growers when the latter was awarded the contract for the purchase of 10,000 pieces of Bitaog Seedlings amounting to P550,000 through direct contracting.
The award was made even though there was no certification from the Department of Trade and Industry (DTI) that there were no other sub-dealers selling the same seedlings at a lower price.
In his motion, Rovillos simply said that he should be granted leave of court to file demurrer to evidence in order for him to extensively discuss the grounds for the dismissal of the case.
In response, the prosecution said that his motion was "fatally defective" because of his failure to specify the grounds for the filing of the demurrer as it cited Rule 119, Section 23 of the Rules of Criminal Procedure.
The anti-graft court sided with the prosecution in its resolution dated August 15, stating that there was "no cogent reason" for it to grant Rovillos' motion for leave to file demurrer to evidence.
"The testimonial and documentary evidence presented by the prosecution, unless successfully rebutted by the accused, appear to be prima facie sufficient to support a finding of guilt beyond reasonable doubt" the resolution read.
The five-page resolution was written by Associate Justice Lorifel Pahimna with the concurrence of Chairperson Oscar Herrera Jr. and Associate Justice Michael Frederick Musngi.
Rovillos is facing the graft charge alongside Municipal Accountant Melinda Gaac, and Municipal Planning and Development Coordinator Mary Claire Mortel.
Bids and Awards Committee (BAC) Chairman and Municipal Social Welfare and Development Officer Chairman Caezar Valiente was likewise charged together with members Gay Tan, Genny Rose Vergara, and private individual Reynaldo Perlas, who is the proprietor of Perlas Seed Growers.