The Sandiganbayan has dismissed the direct bribery charge filed against Muntinlupa City Mayor Rozzano Rufino "Ruffy" B. Biazon in the alleged misuse of his P1.9 million in priority development assistance fund (PDAF) when he was a congressman.
Aside from direct bribery, Biazon was also charged with graft and malversation of public funds.
He filed a demurrer to evidence which was allowed by the Sandiganbayan. He told the court the pieces of evidence the prosecution has against him are not sufficient to sustain a conviction.
While the demurrer to evidence was granted as far as the direct bribery charge is concerned, the pleadings for his graft and malversation charges were denied.
The grant of the demurrer meant he was acquitted of the direct bribery charge. The denial of the demurrer on graft and malversation meant trial on the charges has to proceed with Biazon to present his counter-evidence.
The court’s resolution, written by Associate Justice Zaldy V. Trespeses with the concurrence of Seventh Division Chairperson Ma. Theresa Dolores C. Gomez-Estoesta and Associate Justice Georgina D. Hidalgo, was promulgated last Jan. 31.
Former Department of Budget Management (DBM) undersecretary Mario L. Relampagos, Rosario S. Nunez, Lalaine N. Paule, and Marilou D. Bare also filed a joint demurrer to evidence.
While the Sandiganbayan granted the demurrer filed by Nunez, Paule, and Bare on their graft and malversation charges, Relampagos’ plea was denied on the ground that he is not entitled to reliefs while he remains a fugitive from justice.
Biazon allegedly collaborated with businesswoman Janet Lim Napoles in 2007 to support the latter’s “bogus” foundation called the Philippine Social Development Foundation (PSDFI).
The Sandiganbayan said that Biazon's selection of PSDFI as an implementor of his PDAF project does not prove receipt of commission from Napoles.
"The court will only rely on what the pieces of evidence establish. At this point of the trial, what is clear to the court is that the prosecution was not able to establish with certainty the reason behind Biazon's endorsement and whether such was tainted with a purpose that is linked to the crime charged,” it said.
Meanwhile, the court junked the charges against the other DBM officials because the prosecution failed to establish with certainty their participation in the crime.
In the charges against Nunez, Paule and Bare, the court said that “while prosecution witness Luy claimed to have followed up the release of the subject Special Allotment Release Order (SARO) from Nunez, Paule, and Bare, whom he identified as Napoles' contacts in the DBM, the documents showed that the latter had no participation in its processing," the court said.
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