Sandiganbayan clears Muntinlupa mayor of PDAF scam direct bribery case

MANILA -- The Sandiganbayan 7th Division has cleared former Muntinlupa representative and now mayor Ruffy Biazon of direct bribery in connection with the Priority Development Assistance Fund scam.

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In a resolution of the anti-graft court dated January 31, 2023, the demurrer to evidence filed by Biazon was granted, causing the dismissal of the case.

In his demurrer, Biazon said the prosecution had not presented evidence of his receipt of P1.95 million bribe as alleged in the information filed by the Office of the Ombudsman.

Biazon also asserted that he never designated former Pampanga representative Zenaida Ducut as his agent for the supposed transaction.

The prosecution however countered that PDAF scam whistleblower Benhur Luy categorically testified that Biazon received the amount, supported by his daily disbursement report.

“The prosecution’s reliance on the doctrine of apparent authority is misplaced,” the court said in the resolution penned by Associate Justice Zaldy Trespeses, with the concurrence of Division Chairperson Ma. Theresa Dolores Gomez-Estoesta and Associate Justice Georgina Hidalgo.

The direct bribery case, along with graft and malversation cases, were filed by the Ombudsman in 2016.

Biazon was accused of receiving P1.95 million as kickback after diverting P3 million of his PDAF to non-government organizations owned by then businesswoman Janet Lim Napoles.

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The graft and malversation cases of Biazon meantime will proceed as the court had earlier denied his motion for leave to file demurrer to evidence.

“Let the trial of these cases for the reception of defense evidence continue as previously set on 14 February at 8:30 in the morning,” the court said.

As to the co-accused of Biazon, the cases of former Department of Budget and Management officials Rosario Nuñez, Lalaine Paule and Marilou Bare were dismissed as their joint demurrer to evidence was granted.

The demurrer to evidence of former DBM undersecretary Mario Relampagos however was denied on the ground that he is not entitled to reliefs because he remains a “fugitive from justice.”