The Sandiganbayan has denied the motion filed by Iloilo City Councilor Plaridel C. Nava II to dismiss the graft charge filed against him as it ruled that the case should proceed to trial.

Nava was charged together with former mayor Jed Patrick E. Mabilog with violation of the Anti-Graft and Corrupt Practices Act for reportedly creating 3L Towing Services and allegedly appointing dummy owner Leny B. Garcia on Jan. 20, 2015.

Prosecutors alleged that Mabilog contributed P500,000 as initial capital and issued its business and mayor's permits without Garcia's application for it.  It was also alleged that Nava researched for possible suppliers of wheel clamps from China, and reportedly prepared documents for 3L Towing Services' registration with the Department of Trade and Industry (DTI) and Bureau of Internal Revenue (BIR). 

The charge stated that 3L Towing was eventually awarded the agreement with the city government of Iloilo to undertake clamping and towing of illegally parked vehicles within the city without competitive process as provided under Republic Act No. 6957, the law on financing, construction, operation and maintenance of infrastructure projects by private sector.

In his motion to dismiss, Nava argued that the facts charged do not constitute an offense. He said that while he was a public officer during the time the crime was allegedly committed, his primary duty was to legislate laws and, thus, he was not a signatory to the agreement entered into by the city and 3L Towing Services.

At the same time, Nava told the anti-graft court he was not empowered to issue any business permit or licenses to 3L Towing Services.

The Sandiganbayan denied his motion.  It said: "A perusal of the arguments raised by accused-movant Nava II in his present motion shows that he is challenging the allegations for being 'bare and unsubstantiated' and 'anchored on conjectures.' However, it is a basic principle that by filing his motion, accused Nava II is deemed to have hypothetically admitted the truth of all the allegations contained in the assailed Information."

The court also said that Nava's arguments "are evidentiary in nature and are matters of defense that are better threshed out during the trial of the case, and not prior thereto."

Presiding Justice Amparo M. Cabotaje-Tang wrote the 15-page resolution with the concurrence of Associate Justices Bernelito R. Fernandez and Ronald B. Moreno.