THE Sandiganbayan has thrown out the bids of former National Livelihood and Development Corp (NLDC) president Gondelina Amata and Assets Management Division head Gregoria Buenventura to seek outright dismissal of the graft and malversation charges against them in relation to the “pork barrel” scam.
In a six-page resolution dated August 8, 2023, the anti-graft court’s Second Division denied separate motions filed by the defendants asking leave of court to file Demurrers to Evidence which is a challenge to the sufficiency of the evidence presented by the prosecution.
The cases concern allegations that the accused NLDC officials conspired with businesswoman Janet Lim Napoles and former Energy Regulatory Commission chair Zenaida Ducut to divert millions in public funds to an NGO — the Social Development Program for Farmer’s Foundation Inc. (SDPFFI).
Prosecutors said P5 million from the Priority Development Assistance Fund (PDAF) allocations of former La Union Rep. Victor Francisco Ortega was funneled into SDPFFI, a bogus NGO created by Napoles.
While the sum was supposed to fund livelihood projects in Ortega’s district, investigators said the money instead went into the pockets of Napoles, Ducut, and Amata.
Buenaventura and Amata said the evidence presented failed to establish the existence of conspiracy, criminal intent, or prior knowledge that the irregularities attending the PDAF transactions.
Prosecutors countered that proof of unwarranted advantage or preference to SDPFFI was proven together with the participation of both defendants in the scheme to defraud the government.
While it stressed that it is not yet passing upon the merits of the pending cases, the Sandiganbayan said it is limited to a determination of whether the evidence on record supports the allegations in the information.
“Finding sufficient evidence to sustain the indictment for the crimes charged at this point of the trial, all accused now bear the evidentiary burden to controvert the evidence of the prosecution,” the Sandiganbayan said.
