MANILA, Philippines — The Sandiganbayan has denied former senator Ramon Revilla Jr.’s petition to dismiss the malversation case against him over the P92.8-million alleged ghost flood control project in Pandi, Bulacan.
The anti-graft court’s Third Division denied Revilla’s motion for leave of court to file demurrer to evidence, according to Clerk of Court Dennis Pulma.
A demurrer to evidence is a pleading that seeks the dismissal of a case on the ground that the prosecution’s evidence is weak.
Revilla attached his demurrer to evidence in support of his motion. Pulma said the court noted the attachments.
Revilla is currently out on bail, with the court noting that the prosecution failed to present proof showing that the former senator had either explicitly or implicitly agreed to receive a kickback.
The court decision is one of the grounds cited by Revilla in seeking leave of court to file demurrer to evidence.
The defense is set to begin its presentation of evidence on Nov. 24.
Marcoleta moves for case dismissal
Sen. Rodante Marcoleta, along with his co-accused, has filed a motion for leave of court to file a demurrer of evidence in their plunder case involving allegedly undeclared P75 million in donations.
His co-accused are former congressman Mike Defensor and businessmen Aristotle Viray and Joseph Espiritu.
They filed their motions before the Third Division, which is handling the case.
Pulma said the court has ordered the prosecution to file its comment on the motion within five days.
Prosecutors accused Marcoleta of receiving P75 million in donations while serving as a representative of SAGIP party-list.
The detained senator earlier admitted in a television show that he received the funds from his three friends: Defensor, Espiritu and Viray, who purportedly donated P30 million, P25 million and P20 million, respectively.
Martin suspension doesn’t mean guilt
In a related development, the camp of former speaker Martin Romualdez stressed that the Sandiganbayan’s 90-days suspension order does not constitute a finding of guilt related to his plunder case.
“The court has not found Martin guilty of plunder. It has not been established that he received a single peso in illegal commissions or kickbacks,” the lawmaker’s counsel Ade Fajardo said.
“Suspension is not a ruling of guilt. The court itself said the accusations have yet to be proven. Accusations are not enough – there should be evidence,” he added.
CCTVs not working in Quezon City jail
The Third Division summoned Bureau of Jail Management and Penology (BJMP) anew after an ocular inspection, which revealed that over half of New Quezon City Jail’s 450 close circuit television cameras were not operational.
Further, no functioning cameras covered the area where Romualdez’s cell was located.
The court directed Jail Supt. Maria Lourdes Pacion, BJMP medical officer Dr. Henry Fabro and the jail’s CCTV officer to appear before it today.