MANILA, Philippines — The Sandiganbayan has upheld its ruling denying an appeal filed by a city vice mayor in Southern Leyte in connection with a graft case involving the allegedly anomalous procurement of P10 million worth of communications equipment.
In a resolution promulgated on Jan. 3, the anti-graft court’s Second Division said Maasin City Vice Mayor Maloney Samaco failed to raise new arguments in his appeal seeking to reverse the denial of his motion to file a demurrer to evidence.
Aside from Samaco, the court also rejected the motions filed by his co-accused, bids and awards committee chairman Crispin Arong Jr., vice chairman Feorillo Demeterio Jr. and members Anecito Narit, Amado Acasio and Consuelo Ladrera.
A demurrer would have allowed the respondents to seek the dismissal of their graft cases without presenting their defense.
The dismissal would be based solely on the supposed weak evidence presented by the Office of the Ombudsman.
The anti-graft court earlier said the pieces of evidence presented by the prosecution against the respondents were sufficient. It ordered the accused to present evidence to disprove the allegations against them.
The court said the arguments raised by the respondents in their motions to file a demurrer were matters of defense that should be raised during a full-blown trial of the case.
Filed by the ombudsman in May 2018, the case stemmed from the procurement by the city government of communications equipment during Samaco’s term as mayor in July 2007.
The ombudsman said the contract was awarded to private supplier Philflex Trading and General Merchandising without public bidding.
The prosecution team said the accused resorted to direct contracting without valid justification.
It said the respondents violated Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and RA 9184 or the Government Procurement Reform Act.