The Sandiganbayan has ordered two former officials of the National Livelihood Development Corporation (NLDC) to present their evidence in the trial of their graft and malversation cases involving alleged misuse of the P5 million Priority Development Assistance Fund (PDAF) of then La Union 1^st District Rep. Victor Francisco C. Ortega.

The order was contained in a resolution that denied the pleas to file demurrer to evidence of then NLDC president Gondelina G. Amata and division chief III Gregoria G. Buenaventura.

With the denial, both Amata and Buenaventura have to present their own evidence during the continuation of the trial of their cases.

The filing of a demurrer to evidence needs the approval of the court.  A demurrer is a challenge to the evidence of the prosecution with allegation that the evidence would not sustain a conviction and, therefore, the case should be dismissed.

In seeking the filing of a demurrer, Amata argued that the PDAF of Ortega was repeatedly upheld to be valid and constitutional, and her act of signing the checks and certifying the funds are not crimes.

For his part, Buenaventura reasoned that not all elements of the crime of graft were successfully proven by the prosecution which also failed to show criminal intent on her part in committing malversation.

However, the anti-graft court said that their arguments are "matters that are evidentiary in nature and must therefore be established during trial."

"Finding sufficient evidence to sustain the indictment for the crimes charged at this point of the trial, all the accused now bear the evidentiary burden to controvert the evidence of the prosecution," the court said.

Associate Justice Arthur O. Malabaguio wrote the six-page resolution with the concurrence of Second Division Chairperson Oscar C. Herrera Jr. and Associate Justice Edgardo M. Caldona.