Sandiganbayan turns down former PFC official, 2 private individuals' plea

The Sandiganbayan has turned down the plea of a former official of the Philippine Forest Corporation (PFC) and two others to seek the outright dismissal of their graft and malversation charges in relation to a P5.46 million pork barrel scam in 2012.

In an eight-page resolution dated 18 April, the anti-graft court Second Division said PFC former president Erwin Krishna Santos and private individuals Gracita Mascenon-Sales and Quennie Rodriguez's appeal for leave to file a demurrer to evidence was "unwarranted."

"The evidence adduced by the prosecution, testimonial, and documentary, appears to be prima facie sufficient for the conviction of the accused of the crimes charged in the information filed unless successfully rebutted by defense evidence," the court said.

Santos, Sales, and Rodriguez, charged with one count each of violation of the Anti-Graft and Corrupt Practices Act (R. A. 3019), malversation of public funds, and malversation of public documents, sought to dismiss the raps against them via demurrer to evidence.

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

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

The case pertains to the alleged embezzlement of P5,461,690 Priority Development Assistance Fund of the late Oriental Mindoro Rep. Reynaldo Umali in May 2012 for the supposed livelihood projects for the lawmaker's constituents in the province's second district.

Graft investigators said the three accused were in cahoots, considering that Santos unilaterally chose Maharlikang Lipi Foundation Inc., operated and controlled by Sales and Rodriguez, notwithstanding the NGO's lack of appropriate accreditation, in violation of COA Circular No. 2007-001.

Court records showed that Santos facilitated the release of Umali's P5.46 million pork barrel to MLFI through Sales and Rodriguez, who purportedly took possession of the funds instead of fully implementing the PDAF-funded projects.

PFC, the former agro-forestry arm of the Department of Environment and Natural Resources (DENR), was among the government-owned or controlled corporations abolished in 2014 by the late former President Benigno Aquino III after it was linked to the multi-billion pork barrel scam.