MANILA - The Sandiganbayan 2nd Division has denied the motion for leave to file demurrer to evidence filed by former Bataan governor Leonardo Roman over a graft case stemming from the construction of a mini-theater in 2003.

In the resolution of the anti-graft court promulgated last Nov. 3, the court said the graft case will proceed as it stressed that Roman should defend himself from the allegation that he entered into a contract for the construction of a mini-theater inside the Bataan State College in Abucay town even though there was no budget allocation for the project.

“Therefore, it behooves the accused-movant to present evidence for his defense to debunk the charge filed against him in the instant case,” the court said in the resolution penned by Associate Justice Edgardo Caldona, with the concurrence of Division Chairperson Oscar Herrera, Jr. and Associate Justice Arthur Malabaguio.

In the information filed against Roman by the Office of the Ombudsman, it said he had no authority to disburse P3.66 million as the project was not included in the list of items in the then annual budget of the province.

Roman filed the motion for leave to file demurrer to evidence, a motion that could lead to his acquittal without presenting his own evidence, on the ground that the prosecution failed to adduce any evidence which would prove his guilt.

But the prosecution reiterated that there is sufficient evidence to prove his guilt when he gave unwarranted benefits to a construction company through a contract that was deemed illegal by the Commission on Audit for lack of valid appropriation.

The court also noted that contrary to the assertions of Roman, the mini-theater project remained incomplete five months after the final payment was made to the construction company.

“In other words, contrary to the accused-movant’s representations, the mini-theater project remained yet to be completed,” the court said.