Case against former DPWH exec to go on

CEBU, Philippines —  The Sandiganbayan 7th division will proceed to hear and try the anti-graft case filed against a former regional director of the Department of Works and Public Highways-7 over his alleged illegal claim of reimbursement worth P1.8 million.

Associate Justice Ma. Theresa Gomez-Estoesta denied the motion for leave of court to file demurer to evidence filed by Juanito Padilla Abergas.

In his motion, Abergas asked the court’s permission to file a demurer to evidence claiming the prosecution’s evidence was insufficient to establish his conviction beyond reasonable doubt.

Under Section 23, Rule 119 of the Revised Rules of Criminal Procedure, after the prosecution rests its case, the court may dismiss the action on the ground of insufficient evidence on its own initiative after giving the prosecution the opportunity to be heard or upon demurer to evidence filed by the accused.

Abergas said that his travel on June 2, 2003 was supported by a Travel Authority and he was authorized to collect reimbursement for travel and incidental expenses. He also said the prosecution failed to present any disbursement vouchers relating to his local travel expenses, neither did they show vouchers establishing that the amounts alleged in the Information were claimed or paid.

The prosecution argued they established the elements for violation of Section 3 (e) of Republic Act 3019 or Anti-graft and Corrupt Practices Act, and that he acted with evident bad faith when he caused the reimbursement, release and collection of travel expenses amounting to P603,459.55 despite his failure to submit the documentary requirements to support his frequent travels from Cebu to Manila.

Also, there was an alleged extraordinary and miscellaneous expenses amounting to P784,430.94 which not only exceeded the P320,000 ceiling set by the General Appropriation Act for 2002 to 2005, but also was used for purposes not related to his official functions; and his actual and/or incidental expenses amounting to P416,525.70, also found not related to his official functions.

Lastly, the prosecution argued they established the collection of the said expenses caused undue injury to the government.

After evaluation, the Sandiganbayan found no cogent reason to grant Abergas’ motion as it did not specifically state the grounds. While the non-presentation of the vouchers is fatal to the case and negates the fact of payment, the anti-graft court ruled undue injury to the government may be proved by other competent evidence on record.

“The non-presentation of the DVs, by itself, does not automatically tarnish the sufficiency of prosecution evidence, which is best tested in determining the existence of the elements of the offenses charged,” read the resolution.

The Sandiganbayan added a review of the prosecution’s evidence shows sufficient evidence has been established to hold Abergas liable.

The scheduled initial presentation of evidence for the camp of Abergas is set for January 14, 2019. — BRP (FREEMAN)