The Sandiganbayan Sixth Division has denied the motion for reconsideration filed by several former Department of Public Works and Highways (DPWH)-MIMAROPA officials linked to former congressman Zaldy Co, affirming its earlier refusal to grant them leave of court to file a demurrer to evidence.

In a resolution dated 23 June, the anti-graft court said the motion lacked merit and cited the Supreme Court ruling in Bernardo v. Court of Appeals, which upheld a trial court’s discretion in determining whether to allow a demurrer to evidence.

“As discussed in the assailed Resolution, the Court, as explained in Bernardo v. Court of Appeals, is called upon to determine whether granting the accused’s motions for leave to file a demurrer to evidence would serve to stall the proceedings,” the court said.

“After reviewing the prosecution’s evidence and the parties’ arguments, this Court arrived at the conclusion that granting the same would only lead to delay and hence denied the said motions,” it added.

The court stressed that trial courts are not automatically required to grant motions seeking leave to file a demurrer to evidence and may exercise discretion based on their assessment of the prosecution’s case.

The ruling rejected the arguments raised by former DPWH officials Dominic Serrano and Lerma Cayco, who claimed they should have been allowed to file the demurrer with prior leave of court.

The Sixth Division also noted that several arguments raised in the motion for reconsideration merely repeated issues already discussed and resolved in its earlier ruling.

Malversation charges

Despite the denial in the so-called “Floodgate” case, the court clarified that the accused remain free to file a demurrer to evidence without leave of court, a legal remedy that carries the risk of waiving the right to present evidence should the motion be denied.

The matter was discussed during Tuesday’s scheduled defense hearing, where the accused were supposed to begin presenting evidence.

Following the release of the resolution, defense lawyers asked for additional time to consult their clients regarding the possible filing of a demurrer without leave of court.

The court granted the request and postponed both Tuesday’s hearing and the scheduled 25 June proceedings to allow the defense to determine its next legal course of action.

Co and nine former DPWH officials are facing malversation charges over the alleged irregular implementation of a P289.5-million flood-control project in Naujan, Oriental Mindoro.