The Sandiganbayan has denied the motions filed by three former Department of Social Welfare and Development (DSWD) officials to file a demurrer to evidence to challenge the alleged weakness of the prosecution's evidence on their graft and malversation of public funds cases.

With the denial, the trial of their cases will proceed with the presentation of their own evidence to rebutt those presented by the prosecution against them.

Denied were the motions filed by former DSWD chief accountant Leonila M. Hayahay, chief administrative officer Joselita G. Enciso, and Financial Management Service director Desiree D. Fajardo.

They are the co-accused of former Undersecretary Mateo G. Montaño in the cases involving violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act; Article 217 of the Revised Penal Code on Malversation of Public Funds; and Malversation of Public Funds or Property through Falsification of Public Documents.

They were charged over the alleged misuse of the P5 million priority development assistance fund (PDAF) of Rep. Paul R. Daza. The fund was released to the Economic and Social Cooperation for Local Development Foundation, Inc. (ECOSOCFI).

The prosecution alleged that they took advantage of their positions and acted with manifest partiality, evident bad faith, or gross inexcusable negligence when they processed the release of the PDAF even if ECOSOCFI did not actually conduct the PDAF-funded programs in specific localities.

In their motions, the accused said that the prosecution failed to adduce evidence to prove the existence of conspiracy. They added that there was no proof that ECOSOCFI did not implement the projects. Even if ECOSOCFI failed to do so, they said, they cannot be held liable because their acts were limited to signing and countersigning checks.

However, the anti-graft court denied their motions to challenge the prosecution's evidence prior to the presentation of their own rebuttal evidence: It said: "After examining the prosecution's evidence and the parties' arguments, the Court rules that granting accused Hayahay and accused Enciso and Fajardo leave to file their respective demurrers to evidence will merely delay the proceedings."

While their motions were denied, the court said that the accused can still file demurrers to evidence without leave (permission) of court.

"The trial dates previously set are maintained. The scheduled hearings will be considered cancelled upon receipt by this Court of the said accused's manifestation that they intend to submit their demurrer to evidence without leave of court," it said.

The 12-page resolution was written by Seventh Division Chairperson Associate Justice Sarah Jane T. Fernandez with the concurrence of Associate Justices Kevin Narce B. Vivero and Ronald B. Moreno.