Sandigan allows ex-Capiz exec to file evidence demurrer
A demurrer to evidence, if granted, leads to the dismissal of the case without the defense presenting its own evidence.
Daily TribuneA demurrer to evidence, if granted, leads to the dismissal of the case without the defense presenting its own evidence.
Former Capiz governor Esteban Evan Contreras and two co-accused have been granted leave by the Sandiganbayan to file a demurrer to evidence, a legal move that could result in the early dismissal of the criminal charges filed against them in connection with alleged irregularities in the procurement of medical supplies during the Covid pandemic.
In a six-page resolution promulgated on 8 May but made available to the public recently, the Sandiganbayan Fourth Division allowed Contreras, former provincial administrator Edwin Monares, and Roxas Memorial Provincial Hospital chief Edmarie Tormon to challenge the sufficiency of the prosecution’s evidence.
The motion for leave of court to file a demurrer to evidence was filed a week after the Office of the Ombudsman indicted the three officials in March. A demurrer to evidence, if granted, leads to the dismissal of the case without the defense presenting its own evidence.
The accused contended that the prosecution failed to establish their guilt beyond a reasonable doubt.
Contreras, Monares, and Tormon are facing charges for alleged violations of the Government Procurement Reform Act (Republic Act 9184).
The case involves accusations that they “unlawfully split” contracts for the procurement of a P5.7 million dialysis package and a P1.5 million dialyzer into six and two smaller transactions, respectively, between February and April 2021.
The prosecution alleged that the contracts were deliberately broken down to fall below the P1 million threshold required for small-value procurement (SVP), thereby circumventing the rules on competitive bidding. The contracts were awarded to NGB Marketing.
The Ombudsman initially dismissed the case in 2023, citing insufficient evidence of corrupt intent. However, following a motion for reconsideration filed by the complainants, the Ombudsman reversed its ruling in February 2024 and filed the information before the Sandiganbayan in March.
The defense argued that there was no conspiracy or corruption involved. Tormon maintained that the procurements were conducted under emergency provisions allowed by the Bayanihan to Heal as One Act (Republic Act 11469), which relaxed bidding requirements during the pandemic. She also emphasized that the medical supplies were vital to Covid response efforts.
The prosecution, however, insisted that criminal intent was clear, pointing out that the requisitions were made within a span of less than two weeks, allegedly to keep each procurement below the SVP ceiling.
In ruling in favor of the defense, the Sandiganbayan said, “After a careful review of the records of the case and the evidence of the prosecution, the court resolves to grant the motions for leave of the accused in order to adequately provide the defense an opportunity to test the sufficiency of the evidence presented by the prosecution and to determine if the same is enough to warrant a conviction.”