The Sandiganbayan has denied the motion to file a demurrer to evidence of a former Department of Public Works and Highways (DPWH) official who was charged with graft and falsification.

A demurrer to evidence, if allowed and granted by the court, will result in the dismissal of the criminal charge and acquittal of the accused even before he or she could present his or her evidence to rebut the charge.

Denied by the anti-graft court was the motion to file a demurrer lodged by Paisal A. Padate, then legal section chief of DPWH in Region XII. He was one of those charged in the alleged right of way scam in General Santos City involving P8.7 billion.

In seeking permission to file a demurrer, Padate pointed out the prosecution's alleged insufficiency of evidence to establish his guilt beyond reasonable doubt on charges of violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, and Article 171 of the Revised Penal Code on falsification.

The complaint against Padate and his co-accused stemmed from the payments for "just compensation" for certain properties.

Padate told the anti-graft court that his only participation in the transactions imputed against him was his submission or forwarding of two allegedly falsified transfer certificate of titles (TCTs) in his capacity as legal section chief of the DPWH Region XII in relation to a set of Road Right of Way (RROW) claims.

He said the prosecution's evidence is not enough to prove that he acted with manifest partiality, evident bad faith, or gross inexcusable negligence which caused undue injury to the government.

In denying his plea to file a demurrer, the Sandiganbayan said: "The Court finds that the prosecution was able to adduce sufficient evidence to shift the burden of evidence to the accused."

"The prosecution proffered documentary evidence consisting of records from the Registry of Deeds of Sultan Kudarat, letters from concerned municipal treasurer and municipal assessor, certification from the provincial assessor, and verifications from the Bureau of Internal Revenue, among others, that tend to demonstrate the dubious character of the documents related to the RROW claims and for which the accused are involved in the execution or processing thereof. If unrebutted by the defense, these may be sufficient to support a finding of guilt beyond reasonable doubt against the accused," the court said.

With the denial, Padate has to present his own evidence to rebut the charges filed against him.

The four-page resolution was written by Associate Justice J. Ermin Ernest Louie R. Miguel with the concurrence of Fourth Division Chairperson Associate Justice Michael Frederick L. Musngi and Associate Justice Lorifel L. Pahimna.