THE Sandiganbayan has declared that government prosecutors have presented enough evidence to support multiple charges of graft and malversation of public funds against former Davao del Norte Rep. Arrel Olaño, businesswoman Janet Napoles and their co-defendants.
In a seven-page resolution issued last March 22, the Second Division denied separate motions filed by the accused asking leave of court to file demurrers to evidence.
A demurrer to evidence is a challenge on the sufficiency of documentary and testimonial proof offered by the prosecution in support of the cases filed. If granted by the court, it has the effect of an outright acquittal.
However, if a demurrer is filed without prior leave of court, it will be taken as a waiver of the defendant’s right to present evidence in his own defense.
Other than Olaño and Napoles, also named in three counts each of graft and malversation were former Department of Budget and Management (DBM) undersecretary Mario Relampagos and DBM staff Rosario Nuñez, Marilou Bare, and Lalaine Paule; former Technology Resource Center (TRC) director generals Antonio Ortiz and Dennis Cunanan; and TRC officers Francisco Figura, Marivic Jover, Maurine Demaranan.
Likewise included in one count of graft was Mylene Encarnacion of Country Agri and Rural Economic and Development (CARED) Foundation and Evelyn de Leon of Philippine Social Development Foundation, Inc. (PSDFI).
Based on the case information, Olaño’s Priority Development Assistance Fund (PDAF) or pork barrel allocations totaling P8.5 million was allegedly funneled into the two non-government organizations (NGOs) PSDFI and CARED.
Government auditors and graft investigators traced the money going through the TRC as implementing agency although it only served as a conduit to lend a semblance of regularity to the transaction.
From the TRC, the PDAF sums were transferred to the NGOs supposedly as “financial assistance for farm implements, livelihood materials and trainings.”
However, the Office of the Ombudsman said no such projects were undertaken because they were non-existent.
Prosecutors said Olaño received P3.175 million in consideration for endorsing the Napoles NGOs.
All the defendants claimed the prosecution fell short of the required proof to establish the key elements of the criminal offenses charged.
The Sandiganbayan however disagreed.
It said the documents and the testimonies of 18 witnesses including auditors, forensic investigators of the National Bureau of Investigation (NBI), bankers, and regulatory agency officials supported allegations in the government cases.
“Following a meticulous review of the records, the Court finds that the evidence adduced by the prosecution, testimonial, and documentary, are prima facie sufficient to sustain the conviction of the accused of the crimes charged, unless these are successfully rebutted by evidence,” the court declared.
