The Sandiganbayan has denied the demurrer motion of former officials of state-run Technology and Livelihood Resource Center (TLRC) and private individuals from non-government entities in relation to the 10 counts of malversation of public funds, graft, and other related criminal cases.
The case is in relation to the discretionary fund of former Manila lawmaker Joel Hizon. The accused are TLRC officials Dennis Cunanan and Francisco Figura as well as officials of Dr. Rodolfo A. Ignacio, Sr. Foundation, Inc. (DRAISFI) Rolleo and Bernadita Ignacio, Sr. Foundation, Inc. (DRAISFI) Rolleo and Bernadita Ignacio.
Sandiganbayan denied their petition as it ruled that the prosecution was able to provide sufficient evidence.
“In their separate motions praying for leave of court to file demurrer to evidence, accused Figura, Rolleo and Bernardita Ignacio, and Cunanan essentially contend that the evidence adduced by the prosecution is insufficient to prove their guilt of the crimes charged against them. The contention of the above-mentioned accused is untenable,” the Sandiganbayan said in a nine-page Resolution dated June 16, 2023.
“After a careful study, the Court finds that the evidence adduced by the prosecution, testimonial and documentary, appear to be prima facie sufficient to sustain the conviction of the accused of the crimes charged against them, unless successfully rebutted by defense evidence,” added the Sandiganbayan.
The anti-graft court argued that the prosecution presented testimonial evidence from 12 witnesses and 20 documentary evidence so far covering the charges, which allege conspiracy among the accused in the commission of the crimes.
“There is therefore a need for accused Figura, Rolleo, Bernardita Ignacio, and Cunanan to present evidence to disprove the charges against them or their non-participation in the alleged conspiracy,” the Sandiganbayan said.
The Sandiganbayan defined a prima facie case as a cause of action that is sufficiently established by a party’s evidence to justify a verdict in his favor, provided such evidence is not successfully rebutted by the other party.
“Wherefore, premises considered, the Court hereby denies the following:
“Wherefore, premises considered, the Court hereby deny the following:
a) Motion To Demur With Leave of Court dated April 17, 2023 filed by accused Francisco Figura, through counsel;
b) Motion for Leave to File Demurrer to Evidence dated April 17, 2023 filed by accused Rolleo Ignacio and Bernardita Ignacio, through counsel; and
c) Motion For Leave To File Demurrer to Evidence dated April 18, 2023 filed by accused Dennis Cunanan, through counsel,” the Sandiganbayan added. —VAL, GMA Integrated News
