The Sandiganbayan has denied the motion of the former Manila City treasurer to file a demurrer to evidence that would seek the dismissal of her case on alleged weakness of the prosecution’s evidence.
Denied was the motion filed by Liberty M. Toledo who was charged criminally with graft and malversation through falsification of public documents.
With the denial of her motion, hearing on the criminal case will have to proceed with Toledo’s presentation of evidence.
In a resolution, the anti-graft court said that the evidence presented by the prosecution “appear to be prima facie sufficient to sustain a conviction for violation of Section 3(e) of R.A. 3019 (the Anti-Graft and Corrupt Practices Act, as amended, and Malversation of Public Funds, unless successfully rebutted by defense evidence."
Toledo claimed that the presumption of innocence in her favor has not yet been overcome by the facts adduced by the prosecution.
But the prosecution said that Section 23, Rule 119 of the Rules of Court requires Toledo to specifically state the grounds of her argument, and not just make a general statement.
"Upon perusal of the motion, the Court agrees that accused Toledo merely put forth a general statement that the presumption of innocence in her favor has not been overcome by the evidence presented by the plaintiff," the court said.
The court’s resolution was written by Associate Justice Lorifel L. Pahimna with the concurrence of Associate Justices Alex L. Quiroz and Bayani H. Jacinto.