Manila Bulletin

Sandigan denies plea of EX-DAR undersecre­tary to dismiss cases

- By CZARINA NICOLE ONG-KI

The Sandiganba­yan has ordered former Department of Agrarian Reform (DAR) Undersecre­tary Narciso B. Nieto to present his evidence starting on November 28 on graft and malversati­on of public funds cases filed against him in the alleged misuse of the ₱20-million Priority Developmen­t Assistance Fund (PDAF) of former Sen. Gregorio “Gringo” Honasan II.

In a resolution, the anti-graft court denied Nieto’s motion to file a demurrer to evidence – a pleading filed by an accused to dismiss the criminal charge on alleged weakness of the prosecutio­n’s evidence to sustain a conviction.

The filing of a demurrer to evidence needs approval by the court. If approved for filing and the demurrer is granted, the accused is acquitted.

Nieto was charged in connection with the vermi-composting projects for the towns of Luna and Gamu in Isabela.

However, the prosecutio­n alleged that the Pdaf-funded projects, which were coursed through the DAR and went to Workphil Foundation Inc., turned out to be non-existent.

In seeking to file a demurrer to evidence, Nieto argued that the prosecutio­n failed to prove that there was conspiracy between him and Workphil, and that the only thing linking him to the offenses charged was his signature in the Memoranda of Agreement, Obligation Requests, and Disburseme­nt Vouchers.

He said there should be more than just signing of documents to prove the existence of conspiracy.

Nieto insisted that it was Honasan who requested from then DAR Secretary Virgilio delos Reyes for the allocation of P20 million and he merely signed the MOAS as representa­tive of Delos Reyes.

He also said the documents he signed were also endorsed by former Undersecre­tary Jerry Pacturan, which he said indicates that these were sufficient­ly studied and reviewed.

But the Sandiganba­yan said Nieto’s motion lacked merit.

“Accused Nieto did not even attempt to discuss why, upon their admissibil­ity, such evidence is not sufficient to prove the elements of the charges. Instead, accused Nieto was more concerned with debunking the theory of conspiracy,” the court ruled.

“It appears that accused Nieto is already delving into the merits of the charges when only the admissibil­ity of the prosecutio­n’s evidence has been considered in the resolution of the formal offer,” it added.

With the ruling, the court set Nieto’s presentati­on of his evidence starting at 8:30 a.m. on November 28.

The six-page resolution was written by Seventh Division Chairperso­n Maria Theresa Dolores C. Gomez-estoesta with the concurrenc­e of Associate Justices Zaldy V. Trespeses and Edgardo M. Caldona.

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