The Sandiganbayan has junked the bid of former Agrarian Reform Undersecretary Narciso Nieto to dismiss criminal charges against him in connection with the infamous pork barrel scam.

In a 6-page resolution signed on 14 November, the anti-graft court Seventh Division denied Nieto's motion for leave to file demurrer to evidence due to lack of merit.

A demurrer to evidence is a pleading by the accused to dismiss the case brought by the defense. Once granted in a criminal case, it constitutes an acquittal.

Nieto is facing graft and malversation of public funds charges before the Sandiganbayan for his alleged involvement in the misuse of the P20 million Priority Development Assistance Fund, or PDAF of then-senator Gringo Honasan II intended for Vermi-composting projects in Luna and Gamu in Isabela.

However, the prosecution found that the PDAF-funded projects, facilitated by DAR and channeled to Workphil Foundation Inc., were ghost or non-existent.

Honasan was previously charged with graft, making him the 4th senator indicted over the multi-million PDAF scam.

Others were Senators Bong Revilla, Jinggoy Estrada, and JuanPonce Enrile, who were all charged with plunder. Revilla, however, walked free from all the criminal charges in 2021.

In an attempt to persuade the court, Nieto argued that there is no evidence to support the allegations that he misappropriated, took, or consented to Workphil to take the P20 million or receive any kickbacks.

The accused asserted that the prosecution failed to prove any conspiracy between him, the late DAR chief accountant Rowena Agbayani, and Workphil and that there is no evidence that he overtly committed the offense charged.

Moreover, Nieto claimed that it was Honasan who requested ex-DAR secretary Virgilio de los Reyes for the allocation of P20 million and he merely signed the memorandum of agreement as the DAR chief's representative.

He further claimed that former Undersecretary Jerry Pacturan endorsed his signed documents, indicating that it underwent thorough examination and evaluation.

In turning down the plea, Sandiganbayan, however, ruled that Agbayani's demise did not remove the basis for the conspiracy charged.

"In fact, the prosecution's evidence shows that both Agbayani and accused Nieto signed the disbursement vouchers, which made possible the release of funds to Workphil," it said.

Nonetheless, the Sandiganbayan ordered Nieto to continue presenting his defense evidence on the morning of 28 November.

Apart from his supposed involvement in the Honasan's pork barrel case, Nieto was also among DAR officials the Ombudsman indicted over the unlawful diversion of P900-million Malampaya fund allocated by the Department of Budget and Management to the DAR in 2009, funneled through Napoles-controlled bogus NGOs in exchange for kickbacks and commissions.