MANILA, Philippines - The Sandiganbayan First Division has affirmed the strength of government evidence in a graft case against former officials of the Public Estates Authority and the private contractor of the P1.1 billion President Diosdado Macapagal Boulevard.
 
In a resolution promulgated last February 4, the graft court junked motions by all the defendants seeking permission to challenge the sufficiency of prosecution evidence against them through the filing of demurrer to evidence.
 
“After passing upon, and finding considerable weight on, the testimonial and documentary (evidence) presented by the prosecution, which the Court admitted in its resolution dated September 3, 2009, the Court is not inclined to grant leave for the accused-movants to file Demurrer to Evidence,” the Sandiganbayan declared.
 
Associate Justice and Acting Division chairman Rodolfo A. Ponferrada penned the resolution concurred in by Associate Justices Alexander G. Gesmundo and Napoleon E. Inoturan.
 
The case stemmed from the exposé of former PEA board director Sulficio Tagud that the five-kilometer PDMB project in Pasay City was overpriced by over P630 million.
 
Tagud disclosed before a Senate inquiry that virtually all requests for price adjustment made by contractor JD Legaspi Construction were approved by the board.
 
Aside from contractor Jesusito Legaspi, also charged were PEA officials Carlos P. Doble, Frisco F. San Juan, Carmelita de Leon-Chan, Daniel T. Dayan, Salvardo P. Malbarosa, Leo V. Padilla, Elpidio G. Damaso, Ernest Frederick O. Villareal, Benjamin V. Cariño, Joemari D. Gerochi, Angelito M. Villanueva, Martin S. Sanciego, Jr., Rodolfo T. Tuazon, Manuel R. Betiña, Jr., Theron Victor V. Lacson, Jaime R. Millan, Bernardo T. Viray, Raphael Pochollo A. Zorilla, Ernesto L. Enriquez, Cristina Amposta-Mortel.
 
Likewise indicted were state auditor V Manuela E. dela Paz, state auditor and technical services division chief Arturo S. Layug, supervising technical audit specialist Benilda E. Mendoza, asst. chief of technical services Epifanio L. P:ureza, technical specialist II Jose G. Capistrano and technical audit specialist I Ma. Cecilia A. dela Rama – all from the Commission on Audit.
 
In its ruling, the court clarified that all the defendants may still opt to file a demurrer to evidence without leave of court.
 
However, it warned that in the event of an adverse ruling, the defendant who filed a demurrer to evidence without leave of court will be deemed to have waived his right to present evidence in his defense. He is also considered to have submitted the cases for decision solely on the basis of the prosecution evidence.

The graft court set the start of trial proper on the case on March 1 and directed prosecutors to begin presenting their evidence on the same date.