MANILA, Philippines — The Sandiganbayan Second Division has denied the motion for leave of court to file a demurrer to evidence of former Technology Resource Center (TRC) deputy director, Dennis Cunanan, for lack of merit.
In a resolution, the court said it found the prosecution’s evidence initially strong enough to convict.
Cunanan faced graft and malversation charges in relation to his involvement in the alleged misuse of the Priority Development Assistance Fund (PDAF) of former Albay Rep. Reno Lim.
The court also denied similar motions of TRC group manager Maria Rosalinda Lacsamana and chief accountant Marivic Jover.
The motion filed by Cunanan and his coaccused is a court pleading asking permission to file a demurrer to evidence. A demurrer formally asks the court to determine if the evidence presented by the prosecution is strong enough to withstand trial.
A granted demurrer is equivalent to a dismissed case. If the court denies the motion, an accused can still file a demurrer without leave of court, but he runs the risk of not being able to defend himself in trial, if the demurrer is not granted.
In their motions, Cunanan, Lacsamana and Jover argued that the evidence presented by the prosecution was not enough to prove their guilt beyond reasonable doubt.
However, in its resolution dated April 29, the court said it found that “the testimonial and documentary evidence presented by the prosecution … appear to be prima facie sufficient to sustain the conviction of the accused.”
The case stemmed from the accused involvement in the misuse of some P27 million of Lim’s PDAF.
Based on the case information submitted by the Office of the Ombudsman, the amount was transferred in 2007 to the TRC as implementing agency but the money eventually found its way to a bogus nongovernmental organization owned by Janet Lim-Napoles. —Patricia Denies Chiu