The Sandiganbayan has junked the bid of former lawmaker Constantino Jaraula to dismiss the graft and malversation raps filed against him in connection with the P725 million fertilizer fund scam in 2003 to 2004.
In a three-page resolution dated November 25, the anti-graft court denied Jaraula’s Consolidated Motion for Leave to File Demurrer To Evidence with Consolidated Demurrer to Evidence due to lack of merit.
A demurrer to evidence is a pleading filed by the defendant to seek dismissal of the case without presenting counter evidence because the prosecution’s evidence is already weak.
“After a careful study, the Court, consistent with the Resolution of November 7, 2022, finds that evidence adduced by the prosecution, testimonial as well as documentary, appear to be prima facie sufficient for conviction of accused Jaraula and the other accused, unless successfully rebutted by defense evidence,” the anti-graft court said.
Jaraula and his co-accused in the cases alleged gave unwarranted benefit, advantage, or preference to the non-government unit Philippine Social Development Foundation, Inc. (PSDFI) by:
- accrediting the same,
- signing either the endorsement, Memorandum of Agreement (MOA), Allotment and Obligation Slip, Disbursement Vouchers Nos. 04-05-1622 and 04-07-2796 or Check Nos. 105279 and 121957,
- receiving the fertilizers without proof of receipt by farmer beneficiaries,
- disbursing the amount of P3 million of the P725 million Farm Inputs and Farm Implements Projects of the Agriculture department despite failure to comply with the requirements of Commission on Audit Circular No. 96- 003 and the MOA
- willfully, unlawfully and feloniously, consent or, through abandonment or negligence, permit the PSDFI to take the amount of P3 million and
- incompetent submission of documents.
Aside from documentary evidence, the prosecution has also presented at least 10 witnesses against Jaraula and his co-accused.
“Wherefore, premises considered, the Consolidated Motion for Leave to File Demurrer To Evidence with Consolidated Demurrer to Evidence dated October 17, 2022 filed by accused Constantino G. Jaraula , through counsel, is hereby denied,” Sandiganbayan added.—AOL, GMA Integrated News
Sandigan junks ex-CDO solon bid to dismiss graft, malversation raps
Source: Balita News
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