The Sandiganbayan has denied anew the plea of four former officials of the Department of Budget and Management (DBM) to reconsider its ruling that junked their motion to dismiss the criminal charges against them through a demurrer to evidence.
Denied was the motion for reconsideration filed by former DBM Undersecretary for Operations Mario L. Relampagos, Budget and Management Specialist Rosario Salamida Nunez, Administrative Assistants VI Lalaine Narag Paule, and Marilou D. Bare.
The court had earlier denied their motion to file a demurrer to evidence – a pleading filed by an accused to dismiss the charges on allegations that the evidence presented by the prosecution cannot sustain a conviction.
In denying their motion for reconsideration, the Sandiganbayan said their arguments were "mere reiterations and rehash of their explanations or reasons for their intended demurrer."
"Accordingly, since the accused have not raised any argument to convince this Court that its ruling is erroneous or contrary to the law or evidence, their Joint Motion for Partial Reconsideration must be denied for lack of merit," the court said.
"The Court maintains that the entirety of the evidence, testimonial and documentary, presented by the prosecution as against the elements of the crimes charged in the Informations (criminal charges) is sufficient to sustain the indictment for the crimes charged at this point of the trial," it said.
The resolution was written by Associate Justice Arthur O. Malabaguio with the concurrence of Second Division Chairperson Oscar C. Herrera Jr. and Associate Justice Michael Frederick L. Musngi.
The former DBM officials are the co-accused in the cases filed against former Ilocos Sur 1st District Rep. Salacnib F. Baterina, businesswoman Janet Lim Napoles, and former Technology and Livelihood Resource Center (TLRC) officials Godofredo Roque, Dennis Lacson Cunanan, and Maria Rosalinda Lacsamana.
They were accused of violating Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, as well as Articles 217 and 210 of the Revised Penal Code on Malversation of Public Funds and Direct Bribery, respectively, in the alleged misuse of Baterina’s priority development assistance fund (PDAF).
The prosecution alleged that Baterina endorsed the non-government organization (NGO) Kaagapay Magpakailanman Foundation, Inc. (KMFI) as a "project partner" in livelihood projects for the 1st District of Ilocos Sur.
Baterina allegedly awarded P9,600,000 to the NGO without the benefit of public bidding. He allegedly released another P9,600,000 to a different NGO, Philippine Social Development Foundation, Inc., to provide livelihood projects to his constituents.
Also, the prosecution alleged that Baterina awarded P14,700,000 to KMFI even if the foundation was reportedly not accredited and qualified.
Thus, the prosecution alleged that Baterina allowed Napoles and her cohorts to "take possession and misappropriate the PDAF-drawn public funds instead of implementing the PDAF-funded projects, which turned out to be non-existent."
On his direct bribery charge, Baterina reportedly received P3 million from Napoles as alleged consideration for selecting the businesswoman’s NGOs for his PDAF’s livelihood and development projects.