The Sandiganbayan has decided to proceed with the trial of the graft charges filed against former Muntinlupa City mayor Aldrin L. San Pedro and businessman Angel O. Palmiery on the P97.5 million purchases of fire trucks and aerial ladder in 2008 and 2009.
In a resolution, the anti-graft court denied the pleas of San Pedro and Palmiery to file a demurrer to challenge the evidence of the prosecution and move for the dismissal of their cases.
San Pedro and Palmiery were charged with graft on the P97,520,000 loan sourced by Muntinlupa City from Land Bank of the Philippines’ (LBP) Omnibus Term Loan Facility as payment to Palmer-Asia for three fire trucks and one aerial ladder truck.
The money, paid in four tranches, was received by Palmer-Asia on July 27, 2008; Dec. 15, 2008; Jan. 27, 2009; and March 16, 2009. The Deeds of Sale for the said vehicles was signed on March 27, 2012 and May 20, 2009.
The prosecution said that San Pedro allowed Palmer-Asia, represented by Palmiery, to register the said vehicles under its name on April 2, 2009; March 25, 2009, March 16, 2009; and Nov. 7, 2014, respectively.
It said that Palmer-Asia also mortgaged these vehicles with Banco de Oro and AIG PhilAm Savings Bank, and the chattel mortgage was released only on April 23, 2009 and March 31, 2009.
It also said the firetrucks were registered under the name of Muntinlupa City only on July 16, 2012, and the aerial ladder truck only on Nov. 25, 2014.
The prosecution said that the accused's actions caused "the LGU to incur interests on its withdrawn loan while being deprived of the use of the procured vehicles, to its damage and prejudice.
In their motion to be allowed to file a demurrer to evidence, San Pedro and Palmiery insisted that the prosecution failed to prove that there was a conspiracy in the commission of the crime charged.
"The Court finds that the testimonial and documentary evidence presented by the prosecution appear to be prima facie sufficient for conviction of the accused of the crime charged in the Information unless successfully contradicted by defense evidence," the Sandiganbayan said in its resolution issued last Jan. 24.
"Accused San Pedro and Palmiery need to present countervailing evidence," it added.
Second Division Chairperson Oscar C. Herrera Jr. wrote the five-page resolution with the concurrence of Associate Justices Edgardo M. Caldona and Arthur O. Malabaguio.
A demurrer to evidence is a pleading filed by an accused who challenges the alleged weakness of the prosecution’s evidence to sustain a conviction.
If the filing is allowed by the court and the demurrer is granted, the accused is acquitted of the criminal charge filed against him. If the demurrer is allowed to be filed and it is denied, the accused may still present his evidence during the trial.
However, if the demurrer to evidence is filed without the court’s permission and is denied, the accused forfeits his right to present evidence and the case against him will be resolved based on the evidence presented by the prosecution.
TAGS: #Sandiganbayan #Ex-mayor San Pedro #Angel Palmiery