Sandiganbayan denies motions to dismiss Malampaya cases

MANILA — The Sandiganbayan Second Division has denied the motions of former Palawan Governor Mario Joel Reyes and his co-accused to dismiss the criminal charges against them in relation to the 2008 Malampaya fund scam.

There are a total of 159 cases, 36 of which are graft cases against Reyes.
The Office of the Ombudsman alleged that irregularities were committed amounting to P1.5 billion.

Some of the accused challenged this through a Motion for Leave to File Demurrer to Evidence, a motion that is used to dismiss a case due to insufficient evidence.

Reyes argued that as former Palawan Governor, he was not part of the Bids and Awards Committee for projects under the Malampaya fund, thus making the prosecution’s evidence lacking.

He relied on subordinates “and on the good faith of those who prepare bids, purchase supplies, or enter into negotiations.” Disbursement vouchers were found in order, he added.

Reyes also stated that the 22 allegedly “grossly disadvantageous” contracts had “general provisions and special conditions which provide for the payment of liquidated damages”.

Other accused such as Dennis Sandil and Bernard Zambales questioned the supposed insufficiency of evidence against them.

The anti-graft court in its Resolution released on January 3, however, denied the “untenable” motions.

“Guided by the foregoing rule and jurisprudence, followed by a meticulous review of the records and the entirety of the evidence presented by the prosecution, the Court finds no cogent reason to grant leave to file Demurrer to Evidence,” the 15-page Resolution read.

But it clarified that there was no decision yet.

“The incident before us is merely a determination of whether the evidence on record is sufficient to sustain the indictment or support a verdict of guilt and does not lead to a conclusion of the guilt or innocence of accused,” the Court pointed out.

“At this point of the trial, there being sufficient evidence to sustain the indictment for the crimes charged, the accused-movants now bear the evidentiary burden to controvert the evidence of the prosecution which should properly be made during the presentation of their evidence in chief,” it further added.

The Court also dismissed the Motion for Reconsideration filed by Jesus Tan and Bella Cervantes for failing to raise convincing arguments.