Sandigan junks Bautista plea to le demurrer

The Sandiganbayan has denied the appeal of former Quezon City mayor Herbert Bautista to be allowed to seek the early dismissal of his graft case through a demurrer to evidence.

In a 14-page resolution promulgated on April 8, the anti-graft court’s Seventh Division upheld its March 8 resolution denying motions by Bautista and his co-accused, former city administrator Aldrin Cuña, for leave to file a demurrer to evidence.

A demurrer would have allowed Baustista and Cuña to seek the dismissal of their graft case without presenting their defense but solely on the ground of the supposed weakness of evidence presented against them by the Office of the Ombudsman’s prosecution panel.

“As pointed out by the prosecution, the filing of accused’s motion for reconsideration only serves to stall the proceedings,” the Seventh Division’s latest resolution read.

The Seventh Division found no merit in Bautista’s argument that it should have reviewed the probative value of each of the pieces of evidence presented by the prosecution before deciding to deny his motion to file a demurrer.

The Seventh Division said the merit or probative value of evidence should be determined by the court when it is time to render a decision on the case after the conclusion of the trial.

The Seventh Division, in its March 8 resolution, affirmed the sufficiency of the prosecution’s evidence, noting that it was able to present 36 documentary exhibits, identified and testified on by 27 witnesses, to back its allegations that the two former city officials gave unwarranted benefits, advantage or preference to Geodata Solutions Inc.

The court also raised the “incivility and intemperate” tone of Bautista’s motion for reconsideration, but added that it will let the offense pass “for now.”

Filed by the Office of the Ombudsman in March last year, the graft case stemmed from the payment of P32.108 million to Geodata for an “online occupational permitting and tracking system” project.

The ombudsman said Bautista entered into a contract with Geodata and approved the release of payment despite the absence of a specific budget appropriation ordinance enacted by the city council.

Cuña signed purchase and obligation requests to make it appear that the release of the fund was lawful and under his direct supervision, the ombudsman said.

The ombudsman pointed out that full payment was made to Geodata “without complete delivery of the project.”

Baustista and Cuña are facing a separate graft case before the Sandiganbayan’s Third Division in connection with the allegedly anomalous payment of P25.342 million to Cygnet Energy Power Asia Inc. for the installation of a solar power system and for waterproofing works at the city hall’s Civic Center Building.

Based on the charge sheets, payments to both Cygnet and Geodata were approved by Bautista on June 27, 2019 or three days before he stepped down from office after three terms as mayor.

Bautista and Cuña earlier pleaded not guilty to the charges.