The Sandiganbayan has allowed a private individual to file a demurrer to evidence to dismiss the charges as co-accused of the late Maguindanao 2nd District Rep. Simeon Ampatuan Datumanong in the alleged misuse of the former legislator’s priority development fund (PDAF) in 2012 and 2013.
Allowed to file a demurrer to evidence, a pleading to dismiss the charge on alleged weakness of the prosecution’s evidence to sustain a conviction, was Gracita Cecilia Mascenon-Sales of the Maharlikang Lipi Foundation Incorporated (MLFI).
Marcenon-Sales was charged with two counts of graft for allegedly giving undue advantage to MLFI in two transactions amounting to more than P3.5 million purchases of good for livelihood projects in 2012 and 2013. The prosecution claimed there were irregularities in the transactions involving the money sourced from PDAF.
In her motion to file a demurrer to evidence, Marcenon-Sales told the anti-graft court that procurement law does not automatically give rise to a violation of graft.
She pointed out that while the check in favor of MLFI dated July 31, 2012 was issued earlier than the execution of the memorandum of agreement, the Notice of Cash Allowance (NCA) was dated July 6, 2012 and by that time, the funds were already considered as released or beyond the control of the disbursing authority.
Granting her motion, the Sandiganbayan said:
"After carefully reviewing accused's motion for leave to file demurrer and the prosecution's evidence, and further finding the issues and arguments relied by accused to be substantial and not merely to delay the proceedings, the court is inclined to grant the same.”
Associate Justice Zaldy V. Trespeses wrote the resolution with the concurrence of Seventh Division Chairperson Ma. Theresa Dolores C. Gomez-Estoesta and Associate Justice Georgina D. Hidalgo.