Sandigan denies plea of EX-DAR undersecretary to dismiss cases
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.