THE Sandiganbayan Second Division has sustained the Office of the Ombudsman’s position that former Undersecretary Mario Relampagos of the Department of Budget and Management (DBM) should be deemed to have waived his right to present evidence in multiple pending criminal charges.
In its resolution issued April 6, 2022, the anti-graft court denied the Demurrer to Evidence filed by Relampagos last January 28 wherein he asked for his outright acquittal in graft and malversation of public funds charges filed in 2016.
Since the demurrer to evidence was filed without leave of court, Relampagos is no longer allowed to present evidence in his defense.
“By filing the Demurrer to Evidence without leave of court, accused Relampagos is deemed to have waived his right to present evidence and his case is submitted for decision on the basis of the evidence of the prosecution,” the Sandiganbayan declared.
It added that the case of Relampagos will be resolved once all the rest of his co-defendants have completed their own defenses.
Relampagos was named co-accused of former South Cotabato Rep. Arthur Y. Pingoy Jr., businesswoman Janet Lim Napoles and other DBM officials for alleged conspiracy to defraud the government of P20.91 million from the lawmaker’s Priority Development Assistance Fund (PDAF) allocations.
Pingoy was charged with four counts each of graft and malversation and two counts of direct bribery together with former Energy Regulatory Commission chairperson Zenaida G. Ducut, who allegedly acted as an agent of the legislator.
Relampagos was indicted for graft and malversation together with DBM employees Rosario Nunez, Lalaine Paule, Marilou Bare; Technology Resource Center director general Antonio Ortiz, deputy director general Dennis Cunanan, TRC corporate service group manager Francisco Figura, TRC accountant Marivic Jover; and private respondent Evelyn de Leon.
Prosecutors said Pingoy’s PDAF was funneled into bogus non-government organizations (NGOs) Philippine Social Development Foundation Inc. (PSDFI) and Social Development Program for Farmers Foundation Inc. (SDPFFI) allegedly created by Napoles.
Relampagos was declared a fugitive from justice by the Sandiganbayan in 2018 after he jumped bail and went into hiding after being allowed to travel to the United States.
Before this, he was charged in more 300 cases for his alleged participation in allowing lawmakers and Napoles to siphon off PDAF funds by processing the release of public funds despite dubious or insufficient documentation.
