The Sandiganbayan’s Sixth Division has denied the motions for leave to file demurrer to evidence filed by nine co-accused of former congressman Elizaldy “Zaldy” Co in a malversation case, ruling that granting the requests would only delay the proceedings.

In a resolution promulgated on June 1, the anti-graft court denied the respective motions filed by Gerald A. Pacanan, Gene Ryan A. Altea, Ruben S. Santos Jr., Dominic G. Serrano, Juliet C. Calvo, Dennis P. Abagon, Motrexis Tordecilla Tamayo, Lerma D. Cayco, and Felisardo S. Casuno.

The case involves a charge of malversation of public funds through falsification of public documents under the Revised Penal Code.

“Upon careful examination of the records, the Court resolves to deny the Motions for Leave to File Demurrer to Evidence of accused Pacanan, Altea, Santos, Serrano, Calvo, Abagon, Tamayo, Cayco and Casuno as granting the respective motions would only serve to delay the proceedings,” the resolution stated.

“Accordingly, the Motions for Leave to File Demurrer to Evidence of accused Pacanan, Altea, Santos, Serrano, Calvo, Abagon, Tamayo, Cayco, and Casuno are DENIED for lack of merit.”

A demurrer to evidence is a legal remedy that seeks the dismissal of a criminal case on the ground of insufficiency of evidence presented by the prosecution.

Citing Section 23, Rule 119 of the Revised Rules of Court, the Sandiganbayan noted that the grant or denial of leave to file a demurrer to evidence is discretionary on the part of the trial court.

In denying the motions, the anti-graft court’s Sixth Division maintained the schedule of hearings for the presentation of defense evidence.

“The schedule of hearings previously set for the presentation of defense evidence is maintained,” it added.

“The same will be automatically cancelled as to any of the accused who files a Demurrer to Evidence without leave of Court.”