The Sandiganbayan has ruled to conduct trial on the graft case filed against former Bataan Gov. Leonardo B. Roman in the P3.6 million contract for the construction of a mini theater at the Bataan State College in Abucay town in 2003.
In a resolution, the anti-graft court denied Roman’s motion to file a demurrer to evidence – a pleading that seeks the dismissal of the charges on the ground of alleged weakness on the prosecution’s evidence to sustain a conviction.
With the denial of his plea to file a demurrer to evidence, it is now the turn of Roman to submit his evidence to contradict the graft charge filed against him.
If Roman would still file a demurrer to evidence and it is denied by the court, he would forfeit his right to present his own evidence and the graft case would have to be decided on the basis of the evidence presented by the prosecution.
Roman allegedly violated the Anti-Graft and Corrupt Practices Act when he entered into a P3.6 million contract with V.F. Construction on Nov. 3, 2003 for the mini theater.
The prosecution alleged that the contract was not notarized and did not contain a stipulation on performance or target completion date.
It also alleged that Roman executed a Certificate of Completion dated Feb. 20, 2004 and attested that the project was completed. But based on the Commission on Audit’s Inspection Report, the prosecution claimed that the project was still incomplete after more than five months when the final payment was made.
In his motion to file a demurrer to evidence, Roman alleged that the prosecution failed to produce evidence that would prove beyond reasonable doubt that he committed graft when he entered into a contract with V.F. Construction.
He pointed out that five prosecution witnesses failed to authenticate documents because "they do not have any personal knowledge as to the facts and circumstances leading to the issuance of the said documents."
His motion was opposed by the prosecution which stressed that Roman entered into a contract with no funds allocated by the Sangguniang Panlalawigan of Bataan.
In its resolution, the anti-graft court said: "As Provincial Governor, accused-movant should be charged with knowledge regarding the issuances by the Sangguniang Panlalawigan, more particularly with respect to the budget and their corresponding projects for which allocations may have been made.”
"Given the fact that no allocation was made for the construction of mini-theater at the Bataan State College in Abucay, Bataan, accused-movant should not have gone on to enter into a contract with V.F. Construction over a project which, at least based on the evidence adduced by the prosecution at this stage of the proceedings, was not completed," the court said.
The resolution was written by Associate Justice Edgardo M. Caldona with the concurrence of Second Division Chairperson Oscar C. Herrera Jr. and Associate Justice Arthur O. Malabaguio.
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