Sandiganbayan junks Dennis Cunanan’s bid to dismiss graft case
MANILA, Philippines — Former Technology Resource Center (TRC) deputy director general Dennis Cunanan’s attempt to challenge the evidence presented in a graft case against him has been denied by the Sandiganbayan.
In a resolution last March 28, the Second Division said that Cunanan’s motion for reconsideration regarding past motions for leave to file a demurrer to evidence was denied because it was merely a rehash of his previous arguments.
Cunanan is one of the TRC officials accused with former Isabela 4th District Rep. Anthony Miranda of graft and malversation charges after Miranda allegedly mishandled his Priority Development Assistance Fund (PDAF) by allocating P20.06 million worth of livelihood projects to Aksyon Makamasa Foundation, Inc. (AMFI).
However, the Office of the Ombudsman said in 2015 that the still unliquidated funds were diverted to AMFI even if Miranda serves as its chairman.
“The Supreme Court has repeatedly held in a long line of cases that a motion for reconsideration should be denied when the same only rehashes issues previously put forward,” the document written by Associate Justice Frederick Musngi and concurred by Associate Justices Oscar Herrera and Lorifel Pahimna said.
“No new argument was presented by the defendants in the instant motion. The arguments raised therein have already been judiciously passed upon and considered by the Court in its assailed resolution,” they added.
According to Cunanan, the prosecution’s allegations of conspiracy were merely speculations coming from the affixation of his signature on the disbursement vouchers, claiming that it was “not an overt act of conspiracy.”
He also claimed that signing documents was part of his duties as deputy director general of TRC. However, the prosecution said that it was also part of his mandate to “ensure the necessity and the lawfulness of the expenses that were incurred under his direct supervision.”/ac
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