Sandigan urges ex-Eastern Samar mayor to present evidence in ‘anomalous’ SUV spare parts purchase

The Sandiganbayan has urged the former mayor of Lawaan, Eastern Samar to refute allegations that she used public funds to repair her own sport-utility vehicle instead of seeking the outright dismissal of her case.

In a resolution dated May 2, the anti-graft court's Second Division denied the motion for leave of court to file demurrer to evidence of former Mayor Candida Gabornes due to lack of merit.

“After a careful review of the records of the case and the evidence of the prosecution, the court denies the motion of accused Candida. Accused failed to show that the prosecution’s evidence was insufficient to establish prima facie case against them,” the Sandiganbayan said.

A demurrer to evidence is a motion challenging the weight of the prosecution’s evidence, but an accused needs a leave of court first so he can still submit defense evidence in case the demurrer is denied.

Gabornes was indicted for two counts each of graft and malversation through falsification of public documents for allegedly releasing a total of P41,801.14 in public funds in 2012 despite insufficient supporting documents.

Investigators also revealed that the purchased spare parts and tires were used for the privately-owned Mitsubishi Montero SUV of Gabornes.

Gabornes argued in her motion that she used the SUV as her service vehicle, thus saying the costs for its maintenance can be reimbursed from the funds of the local government.

Gabornes said there was no undue injury to the government, nor was there any indication that she acted in bad faith for the purchase of spare parts.

However, the Sandiganbayan said Gabornes should establish her claims in the trial proper and not through a demurrer.

“The grounds thus raised by the accused are best appreciated in the course of trial on the presentation of defense evidence,” the resolution penned by Associate Justice Michael Frederick Musngi said.

The Sandiganbayan also junked the same motion of then-municipal accountant Pedro Gabornes. — RSJ, GMA News