The Sandiganbayan has denied the plea of former Bureau of Customs (BOC) commissioner Nicanor E. Faeldon to file a demurrer to evidence and dismiss his two graft charges due to alleged weakness of the prosecution's evidence.

With the denial, Faeldon will be ordered to present his evidence during the continuation of the trial.

A demurrer to evidence is a pleading filed by an accused who wanted the dismissal of the criminal charge against him on alleged weakness of the prosecution's evidence presented in court.

The filing of a demurrer needs the approval of the court.  If the court grants the demurrer that was filed with its approval, an accused is acquitted of the offense charged.

Faeldon is facing two charges of violations of Section 3(e) of R.A. No. 3019, the Anti-Graft and Corrupt Practices Act, over the two shipments of thousands of bags of rice imported into the country and consigned to Cebu Lite Trading, Inc. (CLTI) in 2017.

The complaints were filed by former senator Panfilo "Ping" Lacson before the Office of the Ombudsman.  Lacson accused Faeldon of illegally approving the first release of 21,800 bags of rice worth P18.5 million then the second release of 18,200 bags worth P15.5 million or a total of P34 million.

Lacson claimed that Faeldon approved the release of the rice shipments even if the customs officers had already seized the shipments due to lack of valid import permits and non-payment of custom duties and taxes.

Faeldon filed a motion for leave to file demurrer to evidence. He told the anti-graft court that the prosecution failed to prove beyond reasonable doubt that he violated the graft law.

He also told the court that the allegations against him were based on a complaint filed by an individual whose claims were rooted in the knowledge of another person rather than of his own knowledge.

He pointed out that the only direct evidence purportedly linking him to the case is the first endorsement letter that he signed on June 13, 2017. That signature alone, he said, does not establish that the act was committed through manifest partiality, evident bad faith, or gross inexcusable negligence.

However, the anti-graft court denied his motion.  It said that "granting leave will unlikely result in the complete termination of these cases, and, therefore, will only unnecessarily stall the proceedings."

Faeldon is still free to file his demurrer to evidence without leave (permission) of the court but doing so means he would be waiving his right to present his evidence.

The eight-page resolution was written by Associate Justice Maryann E. Corpus Mañalac with the concurrence of Fifth Division Chairperson Associate Justice Zaldy V. Trespeses and Associate Justice Lorifel L. Pahimna.