The Sandiganbayan has affirmed its ruling that denied the plea of former Iloilo 5th District Rep. Niel "Junjun" C. Tupas Jr. to challenge the sufficiency of the prosecution's evidence in his graft and malversation cases.
With the denial of his motion for reconsideration, Tupas will now have to submit his evidence to rebut those presented by the prosecution against him.
Tupas had asked the anti-graft court permission to file a demurrer to evidence. He would have wanted to challenge the evidence of the prosecution on it alleged weakness, and seek the dismissal of his cases. His plea was denied.
In his motion for reconsideration, Tupas asked the court to take a second hard look at the entirety of the evidence presented by the prosecution, since he believed the totality failed to prove his alleged involvement and participation in the offense.
But the Sandiganbayan said: “To our unbiased mind, the prosecution played its cards right. The table is now open for the accused to show that he has a card up his sleeve. Whether he plays it or folds up will depend upon the accused.”
The court’s resolution was written by Associate Justice Lorifel L. Pahimna with the concurrence of Fourth Division Chairperson Michael Frederick L. Musngi and Associate Justice Bayani H. Jacinto.
Tupas has been charged with graft and malversation through falsification of public documents for awarding P4,365,000 and P485,000 out of his 2008 priority development assistance fund (PDAF) to Kabuhayan at Kalusugan Alay sa Masa Foundation Inc. (KKAMFI) in two separate Special Allotment Release Orders (SAROs).
The prosecution alleged that Tupas selected the non-government organization as the "project partner" in the implementation of livelihood projects for municipalities of the 5th district of Iloilo, but he did so in disregard of the appropriation law and its implementing rules and regulations. It also claimed that KKAMFI was unaccredited and unqualified to undertake the projects.
However, Tupas said that he had no effective control over the said funds, nor did he have any legal obligation to monitor, liquidate, or participate in the implementation of the allocated PDAF.
His co-accused in the cases were former National Agribusiness Corporation (NABCOR) President Alan Javellana, former General Services Unit head Romulo Relevo, former Accountant Ma. Julie Villaralvo-Johnson, and private individual Marilou Antonio, the project coordinator of KKAMFI.