The Sandiganbayan has decided to proceed with the trial of the graft case filed against Ester Balating Ogena, former president of the Philippine Normal University (PNU).
In a resolution, the anti-graft court denied the demurrer to evidence filed by Ogena who challenged the alleged weakness of the prosecution’s evidence to sustain her conviction.
Under the rules, the denial of a demurrer to evidence that was filed with the permission of the court means the trial on the criminal case will proceed with the accused presenting his or her evidence.
The court, however, granted the demurrer to evidence filed by Ogena’s co-accused – former vice president for finance and administration Rebecca Corupus Nueva Espana, former financial management service director Joseph Gepanaga Luceno, and budget office head Florence Ablang Allejos.
The grant of the demurrer means that Espana, Luceno and Allejos were acquitted of the graft charges.
The graft case arose from the alleged anomalous advertising contract worth $25,000 and entered into between PNU and Universal News Ltd. (UNL) in 2011.
The charge alleged that the UNL was given undue advantage or preference for a half-page advertorial in the Foreign Policy Magazine because no public bidding was conducted.
Also, the charge stated that the advance payment for the advertisement was sourced illegally from the Special Trust Fund.
In her demurrer to evidence, Ogena alleged that no evidence was presented by the prosecution to prove that the advertisement required bidding. At the same time, she argued that the advertorial was subject of copyright and therefore exempt from the public bidding requirement.
In denying her demurrer, the Sandiganbayan said: "She may have had her own reasons. However, this is a matter of defense that needs proof or evidence to be credible. At this stage of the proceedings, such a claim cannot yet be given evidentiary weight or value."
In granting the demurrer of the three other accused, the court said that the evidence showed that Ogena acted alone and without the involvement of Espana, Allejos, and Luceno when she entered into the advertorial contract with UNL.
"How could accused Espana, Allejos, and Luceno be judged as 'partial' when, insofar as they were concerned, all they were given was a copy of the contract and the invoices to be paid with the name of the payee?" the court said. "They were never involved when UNL was selected," it added
Fifth Chairperson Rafael R. Lagos wrote the 51-page resolution with the concurrence of Associate Justice Maria Theresa V. Mendoza-Arcega and Maryann E. Corpus-Mañalac.