THE Sandiganbayan has allowed former Capiz governor Esteban Evan Contreras, former provincial administrator Edwin Monares, and Roxas Memorial Provincial Hospital (RMPH) chief Edmarie Tormon to seek outright dismissal of a criminal case that the Office of the Ombudsman filed against them.
A resolution that the Sandiganbayan issued dated May 8, 2025, granted the three defendants’ motions asking for leave of court to file demurrers to evidence – a challenge to the sufficiency of testimonial and documentary evidence presented by government prosecutors.
The three were accused of violating Section 65 (a) (4) of the Government Procurement Reform Act (RA 9184) in relation to the purchase of hospital supplies and equipment between February and April 2021.
According to the information filed by the Office of the Ombudsman on March 11, 2024, the three broke down the P5.73 million contract for the supply of dialysis package B into six smaller contracts of less than P1 million each and the P1.5 million purchase of dialyzer with surface area into two smaller contracts of less than P1 million to pass them off as Small Value Procurements (SVP).
In her motion, Tormon pointed out that the Commission on Audit (COA) did not recommend the filing of any case in relation to the splitting of contracts. She said the procurement was emergency in nature, hence public bidding may be dispensed with under the Bayanihan to Heal as One Act (RA 11469).
Contreras and Monares said the case against them rests solely on their signatures on the procurement documents, which the Supreme Court had already ruled to be insufficient as a basis for criminal indictment in the 1989 case of Arias vs. Sandiganbayan.
“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 the accused in order to adequately provide the defense an opportunity to test the sufficiency of the evidence presented …and to determine of the same is enough to warrant a conviction,” the Sandiganbayan Fourth Division declared.
The grant of a demurrer to evidence will have the effect of an acquittal since it is a ruling on the merits of the case.
