THE Sandiganbayan has denied a motion filed by the father and son former municipal mayors of Narvacan, Ilocos Sur seeking leave of court to file demurrer to evidence in their graft and malversation cases concerning alleged fraud in the disbursement of the local government’s P81 million share from the Tobacco Excise Tax.
“The Court finds that there is sufficient evidence to sustain the indictment for the offenses charged in these cases. Thus, the accused-movants now bear the burden to present countervailing evidence to debunk the charges,” the anti-graft court’s Second Division declared in its resolution promulgated on February 26, 2024.
Defendants Edgardo and Zuriel Zaragoza were indicted by the Office of the Ombudsman in May 2022 based on a complaint filed by former Ilocos Sur Governor Luis “Chavit” Singson.
Singson accused the Zaragozas of conspiracy with former municipal accountant Melody Cadacio and Education Research assistant Mario Cabinte to defraud the local farmers of Narvacan of P81 million intended as program funding for them.
Associate Justice Edgardo Caldona penned the ruling, with concurrences from Associate Justices Oscar C. Herrera Jr. and Arthur O. Malabaguio.
In the motion, the former mayors claimed the totality of the evidence presented by the prosecution was not enough to support guilt beyond a reasonable doubt in both cases, particularly since the existence of manifest partiality or evident bad faith was not established.
They likewise challenged the relevance of the testimony of farmer Contante Cabitac, who was originally charged as their co-accused but later turned state witness for the prosecutors.
The defendants noted that in a previous affidavit, Cabitac said the total amount contained in the checks he encashed with a government bank was P81 million.
The Zaragozas pointed out that in his most recent affidavit after switching sides, Cabitac said the amount was “more than P80 million.”