THE Sandiganbayan denied the appeal of Lapu-Lapu City Mayor Paz Radaza to be given 10 days to file a demurrer to evidence in her graft case before the anti-graft court.
The Sandiganbayan’s 6th Division also “noted” Radaza’s reply to the opposition of the Office of the Special Prosecutor, which had sought to deny the mayor’s bid for the case against her to be dropped.
On the other hand, the anti-graft court gave Radaza 10 days from receipt of the notice to file a demurrer to evidence without leave of court.
This, after Sandiganbayan’s 6th Division denied Radaza’s motion for reconsideration after the anti-graft court previously denied her motion for leave to file the demurrer to evidence.
Explanation
A “leave of court” is a permission from the court to take action that would otherwise not be permissible.
A “demurrer to evidence” has the same effect on a motion to dismiss, with the connotation that the evidence of the prosecution is not sufficient.
If the court grants a demurrer, the accused need not present his evidence and the court will decide on the case.
In case the court denies the demurrer, however, the defense will still be allowed to present its evidence.
Radaza and six others are facing charges before the Sandiganbayan for their alleged involvement in the misuse of P15 million in pork barrel funds of former Cebu congresswoman Clavel Asas-Martinez in 2002.
Background
The cases stemmed from the alleged misappropriation of P15 million from the priority development assistance fund of Clavel Martinez, who represented the fourth district from 1998 to 2007.
Radaza was then treasurer of the Girl Scouts of the Philippines (GSP) Cebu Council when the alleged fund misappropriation was carried out.
Clavel, then president of GSP Cebu Council, allocated P15 million for the anti-drug campaign of the GSP, but the use of the amount was not reflected on the GSP’s financial and audit report.
Clavel’s co-respondents are her son and former Bogo City mayor and now Board Member Celestino “Tining” Martinez III and her daughter Bogo City Vice Mayor Ma. Cielo A. Martinez.
The other respondents are municipal treasurer Rhett Minguez, municipal accountant Cresencio Verdida, former bookkeeper Rhodariza Kilantang and former GSP Cebu Council cashier Julieta Quino.
They were charged with two counts of malversation of public funds (Article 217, Revised Penal Code) and two counts of violating Section 3(e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act.
In her motion, Radaza argued the prosecution failed to prove the commission of the crime on the charge sheet, nor the burden of proof against her.
But the Ombudsman’s Office of the Special Prosecutor insisted that Radaza’s motion was a mere rehash of her previous arguments and that the pleading was filed out of time.
In the resolution, the Sandiganbayan denied Radaza’s motion for being filed out of time, and for lack of merit.