Sandigan rejects Pelaez’s petition

The Sandiganbayan has denied a new petition filed by former Misamis Oriental Vice Governor Jose Mari Pelaez, seeking the dismissal of graft charges linked to alleged irregularities in the payroll of the Sangguniang Panlalawigan from 2013 to 2015.

With the denial of his second motion, Pelaez’s graft cases are set to proceed to full trial.

Pelaez is facing three counts for violation of the Anti-Graft and Corrupt Practices Act (RA 3019) after an investigation by the Office of the Ombudsman, prompted by a complaint from Board Member Fredrick Khu. The complaint accused Pelaez of keeping “ghost employees” on the provincial board’s payroll while allegedly assigning them to work at his private properties.

The charges involve three casual employees — Antonio Rodriguez, Ricky Pagaran and Lowell Zarate — who, according to the prosecution, were paid with public funds but performed tasks for Pelaez personally. In late March, Pelaez’s first attempt to dismiss the charges — via a motion for leave to file a demurrer to evidence — was denied. The anti-graft court ruled that granting such leave would only delay the proceedings.

Undeterred, Pelaez filed a second motion seeking to overturn the court’s earlier ruling. He argued that the prosecution’s evidence was weak and highlighted inconsistencies in the testimonies and judicial affidavits of Rodriguez, Pagaran and Zarate.

However, the Sandiganbayan rejected his arguments, noting that the disputed testimonies were not even included in the prosecution’s formal offer of evidence. The court further said that Pelaez merely repeated the same points raised in his earlier motion.

“The rest of accused Pelaez’s arguments are a mere reiteration or rehash of those in his motion for leave of court to file demurrer to evidence and demurrer to evidence. It is unnecessary to discuss them anew,” the court stated.

“In fine, accused Pelaez failed to convince this court that the reversal of the assailed resolution is warranted,” it added.

With the denial of his second motion, Pelaez’s graft cases are set to proceed to full trial.