The Sandiganbayan has denied anew the motion of former Mayor Joselito A. Ojeda of Mulanay town in Quezon and three other municipal employees to dismiss the graft charges filed against them.
In a resolution, the anti-graft court denied their motion to reconsider the dismissal of their plea to file a demurrer to evidence – a pleading to dismiss the case on the ground of alleged weakness of the evidence presented by the prosecution.
Ojeda’s co-accused in the graft charges were Municipal Engineer and bids and awards committee (BAC) chairman Delio H. De Leon, BAC members Municipal Budget Officer Noel M. Eroa and Revenue Collection Clerk II Marina L. Palillio.
They were accused of giving unwarranted benefits or advantages to Alta Manpower Corporation (AMC) by recommending or awarding the contract to the company for the procurement of one unit generator set for P500,000.
The prosecution alleged that the award was made despite AMC's ineligibility or disqualification in the technical component of the bid and contrary to pertinent procurement laws and regulations, therefore causing undue injury to the government.
In a resolution issued last May 16, the anti-graft court denied their Motion for Leave to File Demurrer to Evidence. Last May 20, they filed a motion for reconsideration.
But the Sandiganbayan said their arguments in the defense “may well be appreciated and threshed out in the course of the trial by presentation of defense evidence."
Associate Justice Lorifel L. Pahimna penned the five-page resolution with the concurrence of Fourth Division Chairperson Alex L. Quiroz and Associate Justice Edgardo M. Caldona.