The Sandiganbayan has denied the plea of the former municipal agriculturist of Tigbauan, Iloilo to junk her graft case in view of the court’s dismissal of the charges against her two co-accused.

Denied was the request of Eugenia Sayson who was charged with graft, together with former Mayor James Excelsior Torres and Market Supervisor George Tinguban, in connection with the P1.87 million purchase of two farm tractors in 2009.

The charges against Torres and Tinguban had been dismissed on a demurrer to evidence when they challenged the weakness of the prosecution’s evidence against them.

In the case of Sayson, she told with anti-graft court that her role was essentially the same as the participation of Tinguban as it was only limited to accepting the tractors by accomplishing the corresponding Acceptance and Inspection Report and certifying the completeness of delivery.

Sayson further averred that she should benefit from the demurrer to evidence of her co-accused since the court already concluded that the subject tractors were not defective upon delivery and that there was no conspiracy among them.

But the court denied her plea. It said: "Accused Sayson could not assert that she should benefit from the same as this Court mainly considered the arguments of her co-accused and the pieces of evidence of the prosecution against them in resolving the demurrer to evidence."

The court said that even if it concluded that there were no acts of conspiracy between Torres and Tinguban, it cannot be automatically deducted that Sayson is guilt-free.

"Accused Sayson can be made liable for the acts committed by her alone and her criminal responsibility is individual," the court explained.

The resolution was written by Associate Justice Alex L. Quiroz with the concurrence of Associate Justices Lorifel L. Pahimna and Bayani H. Jacinto.