Sandiganbayan rejects bid to revisit ruling in Zaldy Co-linked malversation case

The Sandiganbayan Sixth Division has denied the motion for reconsideration filed by several former Department of Public Works and Highways (DPWH) officials linked to former congressman Zaldy Co, affirming its earlier decision rejecting their request for leave to file a demurrer to evidence.

In a resolution released on 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 the discretion of courts in deciding whether to grant such requests.

"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 Motions for Leave of Court to File Demurrer to Evidence would serve to stall the proceedings," the court said.

The Sixth Division said it reviewed the prosecution's evidence and the arguments raised by both sides before concluding that granting the motions would only result in delays in the proceedings.

The court also rejected the argument of former DPWH officials Dominic Serrano and Lerma Cayco that leave should automatically be granted, stressing that courts retain discretion in deciding such motions based on the evidence already presented.

According to the resolution, several arguments raised by the defense were merely repetitions of points previously submitted and considered by the court.

Despite denying the motion for reconsideration, the Sandiganbayan noted that the accused remain free to file a demurrer to evidence without leave of court, a legal remedy that carries its own procedural consequences.

The matter was discussed during a hearing scheduled for the presentation of defense evidence on Tuesday. Given the timing of the resolution's release, defense lawyers requested additional time to consult their clients regarding the possible filing of a demurrer.

The court subsequently postponed Tuesday's hearing and another scheduled proceeding on 25 June to allow the accused and their counsels to discuss their legal options.

Co and nine former DPWH officials are facing malversation charges in connection with a P289.5-million flood control project in Naujan, Oriental Mindoro.

The project allegedly involved irregularities initially flagged by the now-defunct Independent Commission for Infrastructure.

Prosecutors have linked the project to contractor Sunwest Inc., a company co-founded by Co in 1997.