The Sandiganbayan has decided to push through with the trial of Quezon City Assistant Prosecutor Raul Y. Desembrana who was charged with direct bribery involving P80,000 in 2014.
In a resolution, the anti-graft court denied the demurrer to evidence filed by Desembrana who wanted to dismiss the charge for alleged weakness of the prosecution’s evidence to sustain a conviction.
The court said that Desembrana’s arguments in his demurrer to evidence are “evidentiary in nature" which will be better appreciated in a full-blown hearing.
The 33-page resolution was written by Associate Justice Lorifel L. Pahimna with the concurrence of Fourth Division Chairperson Michael Frederick L. Musngi and Bayani H. Jacinto.
Desembrana was charged with violation of Article 210 of the Revised Penal Code on direct bribery. He allegedly extorted P80,000 from Dr. Alexis S. Montes and reportedly received P4,000 which was placed on top of "boodle money" from lawyer Ephraim B. Cortez.
The prosecution said the money was for "consideration" for the dismissal of the case against Montes docketed at the Quezon City Prosecutor's Office as NPS Docket No. XV03INV14F-05695, which was assigned to Desembrana.
In his demurrer, Desembrana said that his reported act of receiving an offer was not established beyond a reasonable doubt. He poked holes in the testimonies of the prosecution's witnesses, particularly that of lawyer Gregorio T. Fabros, who is Cortez's co-member in the National Union on People's Lawyers (NUPL).
Fabros said in his Judicial Affidavit that on Oct. 3, 2014, he received a call from Desembrana. They later met and had a brief discussion about the case, where Desembrana reportedly proposed that their law office draft a resolution in favor of their clients.
Desembrana argued with the court that Fabros' testimony was "unreliable and based on hearsay." The Sandiganbayan junked Desembrana's allegations as it ruled to proceed with the trial of his bribery case.
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