Court junks Abalos plea to dismiss graft case

The Sandiganbayan has denied the second appeal filed by former Commission on Elections Chair Benjamin Abalos Sr., on his bid for the dismissal of his P1.71-million graft case on the grounds of weak evidence.

In a two-page minute resolution dated Nov. 19, the court’s Sixth Division even scolded Abalos’ lawyer for trying to delay his turn to present evidence in his defense.

Noting his arguments were “a rehash of those in his previous motions,” the court said: “It appears that the accused’s instant motion is a mere dilatory tactic, or a misuse of court process …”

Not once, but twice

The court first denied permission for Abalos to file a demurrer in a Sept. 11 resolution, as well as a subsequent motion for reconsideration in an Oct. 8 resolution. Second appeals are entertained only in extraordinary circumstances.

A demurrer seeks to cut the trial short on the grounds that the prosecution’s evidence would not be enough to convict the accused even if unrebutted.

The case involved the June 2003 procurement of two Toyota Revo VX 200 vehicles from Toyota Pasong Tamo Inc. without public bidding.