Sandigan junks demurrer plea of Ilocos Sur execs

The Sandiganbayan has denied the appeal of ex-Ilocos Sur officials, seeking to reverse the court’s previous ruling, which found them guilty of graft and malversation of public funds for allegedly misappropriating P81 million worth of tobacco excise tax intended for farmers.

Narvacan Ilocos Sur municipal accountant Melody Cadacio and research assistant Mario Cabinte previously sought the court’s reconsideration on their motion for leave to file demurrer to evidence, an appeal used to junk a case due to insufficient evidence, which the court denied in December 2023.

In their motion, Cadacio and Cabinte asserted that the prosecution failed to prove all the elements of the offense charged and that there was conspiracy.

Cadacio and Cabinte are the co-accused of father and son Edgardo Zaragoza and Zuriel, both former mayors of Narvacan, Ilocos Sur, on graft and malversation charges involving P81 million worth of tobacco excise tax in 2016.

They were sued by the Ombudsman following a complaint initiated by former Ilocos Sur governor Luis “Chavit” Singson for allegedly misappropriating P81 million that the municipality earned as part of the excise tax on locally manufactured cigarettes.

The sum was intended for the Federation of Farmers of Narvacan, Ilocos Sur.

The father and son served as mayors of Narvacan for nearly 30 years.

The president of the Narvacan Farmers Association, who was previously allowed to testify against the Zaragozas, disclosed that he was forced to encash checks more than 10 times, including a P35-million check in exchange for grocery allowance, that resulted in the alleged misappropriation of P81 million in public funds.

After their initial appeal was denied in December last year, Cadacio and Cabinte filed a motion for reconsideration, which the Sandiganbayan also junked.

The prosecution, meanwhile, contended that the appeal merits an outright denial and that the new arguments raised were a mere rehash of the previous motion that had already been turned down by the court.

“It will be recalled that the resolution denying the motion for leave of court to file demurrer to evidence was premised on the fact that the accused-movants failed to specifically state the grounds relied upon for their motion. Unfortunately, the present motion for reconsideration still suffers from the same defect,” the Sandiganbayan said.