MANILA, Philippines — The Sandiganbayan has warned Mayor Nelson David of Limay, Bataan to present his defense as the pieces of evidence presented against him by the Office of the Ombudsman were strong enough to warrant his conviction.
In a resolution promulgated on Aug. 9, the Sixth Division of the anti-graft court said the prosecution’s evidence, if unrebutted, is sufficient to support a guilty verdict for violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The court denied David’s motion for leave to file a demurrer to evidence, which would have allowed him to seek the dismissal of the two counts of graft without presenting his defense.
Also denied was a similar joint motion filed by David’s co-accused – municipal assessor Jocelyn Linao, treasurer Felicidad Cruz and engineer Rolando Flores.
Under Rule 119 of the Revised Rules of Criminal Procedure, the accused may file a demurrer to evidence after the prosecution has rested its case.
The same provision, however, states that the accused must first seek the permission of the court by filing a motion for leave, so as not to lose his chance to present counter-evidence if the demurrer is denied.
A demurrer seeks the dismissal of the case halfway through the trial on the grounds of the supposed weakness of evidence of the prosecution.
In a ruling, the Sandiganbayan clarified that David and his co-accused may file their demurrer without a leave of court, but subject to legal consequences.
These consequences may include waiving their rights to present evidence and submit the cases for judgment based on the evidence presented by the prosecution.
Filed by the ombudsman in 2017, the graft cases against David stemmed from the alleged irregularities in the appraisal of a parcel of agricultural land owned by his sons.
The ombudsman, which filed the cases in 2017, said Linao, Cruz and Flores – as members of the municipal appraisal committee – increased the market value of the land based on the price of a residential property.
On July 25, the Sandiganbayan suspended David for 90 days in connection with the graft charges.