Ex-DPWH officials lose bid to dismiss P289-M malversation case

MJ Farrley Ong

The Sandiganbayan Sixth Division has denied the motions of former Department of Public Works and Highways (DPWH) officials to dismiss the P289-million malversation case allegedly linked to a substandard flood control project in Oriental Mindoro.

In a resolution released on June 23, the anti-graft court denied the motions for reconsideration filed by the former DPWH officials, affirming its earlier ruling that rejected their request to file a demurrer to evidence. 

The case comes from the P289.4-million Sunwest flood control project, which states that the prosecutors suffered from serious structural deficiencies. The project has been linked to Sunwest Construction and Development Corp., a company where former party-list representative Elizaldy Co was identified by prosecutors as a beneficial owner.

The arguments raised by the accused were mostly a repetition of issues that had already been addressed in its previous ruling, according to the court. 

“The Court had studied and passed upon said arguments in the resolution sought to be reconsidered, It is a useless ritual for the Court to reiterate itself,” the Sandiganbayan said.

A demurrer to evidence is a legal remedy that asks the court to dismiss a case on the grounds that the prosecution fails to present sufficient evidence to prove that the defense is guilty.

Sandiganbayan emphasized that granting leave to file a demurrer is not automatic and can be denied if it would delay the proceedings.

Following the denial of their motions, defense lawyers requested to postpone Tuesday’s hearing, saying they needed time to discuss legal options with their clients. 

Sandiganbayan Associate Justice Kevin Vivero initially reminded the defense that both parties should be prepared regardless of how the court rules on pending motions. However, the court later granted the request “in the higher interest of justice”

Trial proceedings are set to resume on June 30.

Those facing charges include former DPWH regional director Gerald Pacanan and several former division chiefs, engineers, and officials allegedly involved in the implementation of the flood control project.

Meanwhile, Representative Zaldy Co remains unable to participate in court after previously being declared a fugitive from justice by the Sandiganbayan. 

Under court rules, a fugitive may not seek judicial relief or participate in proceedings until they voluntarily surrender.

The case forms part of the broader investigations into alleged irregularities surrounding government flood control projects that have come under public examinations in recent years.