FOR the second time in two months, the Sandiganbayan has denied a motion by former Misamis Oriental Vice Governor Jose Mari Pelaez seeking the dismissal of three criminal charges filed against him by the Office of the Ombudsman in 2023.
Last March 21, the anti-graft court’s Sixth Division denied Pelaez’s motion for Leave to File Demurrer to Evidence for the court to throw out the case outright on the ground of insufficiency of evidence to support key allegations.
Pelaez was accused of putting three casual hires of the Sangguniang Panlalawigan – Antonio Rodriguez, Ricky Pagaran, and Lowell Zarate to work.
Prosecutors countered that there was nothing substantially new in the defendant’s motion for reconsideration, as he merely reiterated the same grounds that were already considered and overruled by the court.
In denying Pelaez’s motion, the Sandiganbayan pointed out that he was referring to a document that was never presented in court, hence irrelevant.
“The original affidavits of witnesses Rodriguez, Pagaran, and Zarate were not included in the prosecution’s formal offer of evidence. Thus, the Court cannot consider the same in resolving the present issue,” the anti-graft court said.
Unless the same document is introduced in evidence at some point, the Sandiganbayan said, it will not be a factor at all when the cases are submitted for decision.
“Unless the said affidavits are later offered and admitted in evidence, the Court cannot consider them when it renders its judgment. The Court also notes that accused Pelaez conducted his cross-examination of the said witnesses, but he did not confront them with the alleged inconsistent statements in the said original affidavits.”
The court also reminded the accused that even without leave of court, he has a right to file his demurrer to evidence, albeit with the attendant risk that if it is denied, he will be deemed to have waived his right to present his evidence.
In such an event, the cases will be decided based solely on the evidence offered by the prosecutors.
