THE Sandiganbayan has granted separate motions filed by former officials of the now defunct Philippine Forest Corp. (Philforest) seeking leave of court to file demurrer to evidence in connection to four criminal charges involving the alleged mishandling of P4.6 million Priority Development Assistance Fund (PDAF) allocations of the late Oriental Mindoro Rep. Reynaldo Umali.
A demurrer to evidence from defendants is a challenge to the sufficiency of the prosecution’s documentary and testimonial evidence in support of allegations. If granted, it will result in the dismissal of the case and outright acquittal of the accused.
The defendants who secured leave of court were Philforest president Erwin Krishna Santos, vice president Marijoyce Cornel, Bids and Awards Committee members Celso Diaz and Ivy Maranda, project coordinators for the Office of Congressman Umali Ma. Victoria Umali and Germand Rodegerio, and private defendant Queenie Rodriguez, assistant treasurer for Maharlikang Lipi Foundation Inc. (MLFI).
Based on the information for graft and malversation of public funds filed in 2023, the defendants were accused of conspiracy to give unwarranted benefits and advantages to MLFI by releasing Umalis’ P4.6 million PDAF to the non-government organization (NGO) in 2011.
The money was intended for the implementation of the Upland Agro-Forestry Development Program in the Second District of Oriental Mindoro but the Office of the Ombudsman said the projects were non-existent.
To cover up the fraudulent transaction, prosecutors said the defendants submitted fabricated documents in support of their liquidation, including falsified Project Progress Reports, Report of Disbursement, Purchase Orders, Sales Invoices, Delivery Receipts, and supplier’s Official Receipts.
In their motions, the defendants argued that the witnesses called by the prosecution to testify had no personal knowledge. Likewise, they questioned the sufficiency of the evidence to establish the theory of conspiracy among them, details of their supposed individual participation in the transaction were lacking, and the key elements of the criminal offenses charged were not present.
“After a careful review of the records of the case and the evidence of the prosecution, the Court resolves to grant the motions for leave of accused Diaz, Cornel, Santos, Maranda, Umali, Rodegerio, and Rodriguez to adequately provide the defense and opportunity to test the sufficiency of evidence presented by the prosecution and to determine if the same is enough to warrant a conviction,” the court said.
The Sandiganbayan gave the defense a non-extendible period of 10 days to submit their demurrer to evidence while prosecutors were told to submit their comment or opposition also within 10 days upon receipt of the defendant’s demurrers.
