The Sandiganbayan has rejected the bid of three former Department of Social Welfare and Development (DSWD) officials who allegedly had a hand in the misappropriation of Rep. Paul Daza's P5 million pork barrel funds in 2008.

The anti-graft court Sixth Division said the motions for leave to file demurrer to evidence filed by Leonila Hayahay, Joselita Enciso, and Deseree Fajardo will just merely delay the court's proceedings.

A demurrer to evidence is a pleading by the accused to dismiss the case brought by the defense due to lack of evidence.

Once granted in a criminal case, it constitutes an acquittal.

Hayahay, Enciso, and Fajardo were named co-accused of another ex-DSWD official Mateo Montaño in cases involving graft, malversation of public funds, and falsification of public documents, which stemmed from the alleged irregularities in handling Daza's Priority Development Assistance Fund (PDAF) projects in 2008.

Court records showed that the DSWD officials facilitated the release of Daza's P5 million pork barrel to Roberto Solon of the Economic and Social Cooperation for Local Development Foundation Inc. (ECOSOCFI) despite the NGO's failure to include the specific objectives, target beneficiaries, feasibility studies, risk assessment and plans for carrying out the project.

The prosecution claimed that Montaño approved the disbursement vouchers into two tranches notwithstanding the glaring irregularities, with the help of Hayahay, Enciso, and Fajardo.

Graft investigators also claimed the DSWD's transferring of Daza's pork barrel to ECOSOCFI had "no legal basis" given that the 2008 General Appropriations Act did not include NGOs as implementing parties for PDAF projects.

Hayahay, Enciso, and Fajardo, however, contended that the prosecution failed to adduce evidence to show how they acted with evident bad faith in their acts of signing and countersigning the checks and that they cannot be held liable because their acts were merely limited to it.

Moreover, they cited the prosecution's lack of evidence to show that they took or misappropriated any funds, or that they benefited from the PDAF transactions.

The Sandiganbayan, however, denied their motions for lack of merit.

"After examining the prosecution's evidence and the parties' arguments, the court rules that granting accused Hayahay and accused Enciso and Fajardo to file their respective demurrers evidence will merely delay the proceedings," it said.