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Sandiganbayan lets ex-Lanao Norte solon seek dismissal of scam case


Former Lanao del Norte 2nd District Representative Abdullah Dimaporo has secured the approval of the Sandiganbayan in his bid to seek the outright dismissal of his fertilizer fund scam case.

Sandiganbayan Second Division granted the motion for leave to file demurrer to evidence of Dimaporo in its October 17 resolution. He is given 10 days to submit his plea.

A demurrer to evidence is a motion seeking the outright dismissal of a case on the ground of weak evidence from the prosecution. With a leave of court, Dimaporo can still submit rebuttal evidence in case his demurrer is denied.

Dimaporo was charged with one count each of graft and malverzation through falsification of public documents for allegedly approving the allocation of P5 million to the Lanao Foundation, Inc. (LFI), a non-government organization he formed in 1994.

The fund was for the supposed purchase of 10,000 bags of organic fertilizers under the Department of Agriculture’s Farm Inputs and Farm Implement Program.

The prosecution alleged that no delivery was made by LFI to the provincial government or to the intended beneficiaries of the program. The purchase and delivery receipts were instead faked by Dimaporo and his co-accused.

Dimaporo said the prosecution was unable to present two of the four sets of documents he supposedly falsified —two undated Inspection reports and two undated financial and physical status reports —and lacked witnesses to prove the same accusation.

He further said the funds were coursed by the DA directly to the NGO and not through his office, while a witness from the Commission on Audit admitted that farmer-beneficiaries received the fertilizers during its initial sampling.

The Sandiganbayan said it saw basis to grant the motion of Dimaporo and allow the former lawmaker to contest the sufficiency of evidence against him. It said his case may be dismissed if it is convinced by the defense evidence.

"The Court is inclined to grant the oral motion of accused Dimaporo in order to adequately provide the defense an opportunity to test the sufficiency of the evidence presented by the prosecution and to determine if the same is enough to warrant a conviction," the Sandiganbayan said. —LBG, GMA News

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