Sandiganbayan finds basis to convict ex-Cebu mayor

The Sandiganbayan said the initial evidence against the former mayor of Bogo, Cebu was enough to support a guilty verdict in his P6-million fertilizer fund scam case.

In a resolution dated January 25, the Sixth Division denied the motion for leave of court to file demurrer to evidence of former Mayor Celestino Martinez III, without prejudice to its filing.

Martinez, however, risks waiving his right to present rebuttal evidence if he files a demurrer, or a motion challenging the sufficiency of the prosecution's evidence, without a leave a court.

The Sandiganbayan will also be forced to rule on the case on the basis of the proof produced by the prosecution.

Martinez faces a graft charge for allegedly giving undue advantage to Sikap Yaman as non-government organization-partner for the implementation of the Department of Agriculture's Farm Inputs and Farm Implements Program worth P6 million.

Sikap Yaman was tapped for the project despite its lack of qualifications under Commission on Audit rules, while Martinez and his co-accused failed to monitor where the funds were spent.

Martinez had said Ombudsman prosecutors failed to show he was the culprit behind the selection of Sikap Yaman as NGO-partner, nor did the municipality suffer any undue injury.

The prosecution, for its part, said the memorandum of agreement, disbursement vouchers, and bank checks showed that Martinez irregularly allowed the release of the funds.

The P6 million also remain unliquidated up to the present, according to the prosecution.

The Sandiganbayan said these are enough to convict Martinez for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act.

"After a careful study of the documentary and testimonial evidence presented by the prosecution, the Court finds that, if unrebutted, the same is sufficient to support a verdict of guilt against accused Celestino A. Martinez Ill," the resolution read. —LDF, GMA News