By  Czarina Nicole Ong Ki The Sandiganbayan Second Division has denied the motion for leave to file demurrer to evidence filed by Maasin City Vice Mayor Maloney Labatos Samaco of Leyte, seeking to challenge the sufficiency of the prosecution's evidence in his graft charge involving the allegedly irregular purchase of P10-million worth of communication devices in 2007. Sandiganbayan (MANILA BULLETIN) Maloney was slapped with a violation of Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act alongside Bids and Awards Committee (BAC) chairman Crispin Mendoza Arong Jr.; BAC vice-chairman Feorillo Abiera Demeterio Jr; BAC members Aniceto Felicilda Narit, Amado Palman Acasio, Encarnacion Lapasanda Lora, Conseulo Segun Ladrera; and private individual Ma. Luzviminda Lopez from Philflex Trading and General Merchandise. Samaco, who was then the mayor of Maasin, was accused of giving undue advantage to Philflex when he purchased 14 sets of Senao SN-6108 long-range cordless telephones worth P381,360 per set as well as 26 sets of Senao SN-568 station to station units worth P178,752 per set, including freight and handling charges worth P13,408 through direct contracting. The prosecution said that the accused failed to provide any justification for resorting to direct contracting, and therefore violated R.A. 9184 or the Government Procurement Reform Act and its implementing rules and regulations. Samaco filed his motion on August 14, while the other local officials filed theirs on August 20. Lopez filed hers on August 22. Samaco argued that there was no proof that he acted in conspiracy with the local officials to commit the offense charged, and he claimed there was a failure to prove that there was no justification for direct contracting and that they violated R.A. 9184. Meanwhile, the other local officials and Lopez reiterated Samaco's arguments and added that the prosecution was unable to prove how they caused undue injury to the government and how they acted with evident bad faith, manifest partiality or gross inexcusable negligence in the transaction. Unfortunately for them, the anti-graft court did not rule in their favor. "After a careful study of the records of the case, this Court finds that the separate Motions for Leave of Court to file a Demurrer to Evidence lack merit," the resolution stated. "The prosecution was able to establish a prima facie case against the accused and the reasons stated in these motions are matters of defense that should be raised during a full-blown trial of the case," it added. The four-page resolution was written by Associate Justice Michael Frederick Musngi with the concurrence of Chairperson Oscar Herrera Jr. and Associate Justice Lorifel Pahimna.