Court junks bid of Zaldy Co’s co-accused to dismiss malversation case

MANILA, Philippines — The Sandiganbayan Sixth Division has junked the petition of resigned Ako Bicol Rep. Zaldy Co’s co-accused to dismiss the malversation case against them.

The non-bailable malversation of funds case, through falsification of public documents, stems from a Sunwest project — or the company where Co is said to be a beneficial owner — worth P289.4 million which the Office of the Ombudsman had said was found to have serious structural deficiencies. 

In a resolution dated on June 1, the Sandiganbayan Sixth Division has denied the motion for leave to file a demurrer to evidence of nine former officials of the Department of Public Works and Highways (DPWH) Region 4B.

The respondents who used to be from DPWH are former Regional Director Gerald Pacanan, former Assistant Regional Director Gene Ryan Alaurin Altea, former Assistant Regional Director Ruben Delos Santos Santos, Jr., former Construction Division chief Dominic Gregorio Serrano, former Maintenance Division chief Juliet Cabungan Calvo, former Quality Assurance and Hydrology Division chief Dennis Pelo Abagon, former Planning and Design Division chief Montrexis Tordecilla Tamayo, former accountant Lerma Dotado Cayco, former Project Engineer Felisardo Sevare Casuno, and former Engineer Timojen Adiong Sacar.

“Upon careful examination of the records, the Court resolves to deny the motions for leave to file demurrer to evidence of accused Pacanan, Altea, Santos, Serrano, Calvo, Abagon, Tamayo, Cayco and Casuno as granting the respective motions would only serve to delay the proceedings,” the court said in a 16-page resolution.

“ACCORDINGLY, the motions for leave to file demurrer to evidence of the accused Pacanan, Altea, Santos, Serrano, Calvo, Abagon, Tamayo, Cayco and Casuno are DENIED for lack of merit,” it further said.

“The schedule of hearings previously set for the presentation of defense evidence is maintained,” it said.

A demurrer to evidence is a motion asking the court to dismiss a case after the prosecution finished the presentation of evidence.

The defense files such a motion to argue that the evidence presented is insufficient to establish guilt.

For his part, Co could not participate in the proceedings as he was earlier declared by Sandiganbayan as a fugitive from justice. 

A respondent declared as a fugitive from justice can no longer participate in the proceedings and cannot seek any judicial relief unless they surrender voluntarily.

Sunwest is co-founded by Co, who also used to be the chairperson of the powerful House committee on appropriations before his resignation as a party-list representative in September last year. /apl