MANILA — The Sandiganbayan has denied another attempt by several former Department of Public Works and Highways (DPWH) officials to have the P289.4-million flood control malversation case against them dismissed, allowing the criminal proceedings to move forward.
In a resolution issued by the anti-graft court’s Sixth Division, the magistrates rejected the motion for reconsideration filed by nine former DPWH officials seeking to reverse the court’s earlier refusal to allow them to file a demurrer to evidence.
The charges arose from the implementation of a P289.4-million flood control project undertaken by Sunwest Construction and Development Corp. State prosecutors alleged that the project was plagued by major structural defects and accused the respondents of committing malversation through the falsification of public documents.
Prosecutors have also identified former party-list Representative Zaldy Co as a beneficial owner of the construction firm involved in the project.
In its ruling, the Sandiganbayan said the arguments presented by the former officials had already been thoroughly considered and resolved in its previous decision, leaving no basis to reverse its earlier ruling.
The court stressed that repeating the same arguments was insufficient to justify reconsideration.
It also explained that requests for leave to file a demurrer to evidence are carefully evaluated to ensure they are not intended to delay the disposition of a criminal case. After examining the prosecution’s evidence, the court concluded that granting the request would only prolong the proceedings.
Although the motion was denied, the Sandiganbayan clarified that the accused may still file a demurrer to evidence without obtaining prior approval from the court, subject to the legal consequences provided under procedural rules.
During Tuesday’s hearing, defense lawyers informed the court that they had only received the resolution denying their motion shortly before trial. They sought additional time to review the ruling and determine their next legal course of action.
Associate Justice Kevin Vivero granted the defense’s request to postpone the hearing, resetting the continuation of the trial to June 30.
Facing charges are former DPWH Regional Director Gerald Pacanan; former Assistant Regional Directors Gene Ryan Alaurin Altea and Ruben Delos Santos Santos Jr.; former Construction Division Chief Dominic Gregorio Serrano; former Maintenance Division Chief Juliet Cabungan Calvo; former Quality Assurance and Hydrology Division Chief Dennis Pelo Abagon; former Planning and Design Division Chief Montrexis Tordecilla Tamayo; former Accountant Lerma Dotado Cayco; former Project Engineer Felisardo Sevare Casuno; and former Engineer Timojen Adiong Sacar.
Co, meanwhile, remains excluded from participating in the proceedings after previously being declared a fugitive from justice by the Sandiganbayan. Under existing rules, an accused who has been declared a fugitive cannot seek relief from the court or actively participate in the case unless he voluntarily surrenders.
The former lawmaker resigned from Congress in September last year amid public scrutiny over the multibillion-peso flood control controversy. He was previously the chairperson of the House Committee on Appropriations.
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