Sandigan allows Iloilo Rep. Treñas to withdraw dismissal bid for P500k graft case

The Sandiganbayan has allowed Iloilo City Rep. Geronino Treñas to present additional evidence to aid his defense in connection with the allegedly anomalous release of P500,000 worth of congressional allotment in favor of the Iloilo Press Club (IPC) in 2003.

The Seventh Division granted the motion to withdraw demurrer to evidence of Trenas, who said he can prove his innocence by identifying some documents and by testifying on matters significant to his case.

"Accordingly, the ends of justice and fairness would be best served if the accused Treñas will be given the full opportunity to threshed out the real issues in a full blown trial," the Sandiganbayan said in its May 27 resolution.

Then acting as Iloilo City mayor, Treñas supposedly gave unwarranted benefits to the IPC for releasing P500,000 from the Priority Development Assistance Fund of Sen. Loren Legarda for the construction of the IPC building.

Treñas filed a demurrer seeking the outright dismissal of his case due to weak evidence from the prosecution, but he moved to withdraw this motion in April.

He said he will prove there was no undue injury on the part of the government when IPC received the funds. He pointed out that it was Legarda who named IPC as its intended beneficiary, thus the lack of bias on his part.

The prosecution opposed the motion, saying it violates the 10-day notice rule where an accused can file a succeeding motion. It also said Treñas waived his right to present evidence when he filed his demurrer.

However, the Sandiganbayan said the Revised Interal Rules of the anti-graft court allow the withdrawal of any pleading filed prior to the issuance of a resolution.

The Sandiganbayan added the mere filing of a demurrer is not considered as a waiver of Treñas' right.

"This Court is not ready to rule that accused Treñas had waived said right in this case because in the first place, he manifested his intention and willingness to present evidence as can be gleaned from the fact that he sought for the withdrawal of his demurrer without leave by filing the present motion," it said.

The Sandiganbayan gave one setting for Treñas on August 8 to present all his evidence. —KBK, GMA News