Sandigan denies Agusan del Sur mayor's bid to dismiss P1-M case

The Sandiganbayan junked Trento, Agusan del Sur Mayor Johnmark Billanes' petition to have the graft and malversation charges against him dismissed.

In a resolution dated May 16, the Seventh Division, after evaluating the prosecution's evidence, junked Billanes' motion for leave to file demurrer due to lack of merit

"The points raised by accused-movant vis-a-vis the current evidence on record leads the court to the conclusion that all the elements of the crime were adequately established by the prosecution," the Sandiganbayan said.

A demurrer is a motion seeking the outright dismissal of a case on the ground of weak evidence, but Billanes needed to secure a leave of court first so he would still have the option to rebut the prosecution in case his bid was denied. 

Billanes faced one count each of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act and technical malversation when he and his co-accused purchased a 7,775-square meter property along the national highway of Poblacion.

The municipal council passed a resolution in 2012 allowing the local government to borrow P1 million from its annual budget to finance the rehabilitation of the farm-to-market road.

The prosecution, however, alleged that the land, owned by Billanes' brother Romeo, was used for a different purpose and was already identified for acquisition even prior to the appraisal of the land.

In his motion, Billanes said the prosecution failed to establish his guilt in the transaction. He said he divested himself from any participation in Romeo's offered land.

The Sandiganbayan, however, said that Billanes endorsement of Romeo's offer before the Provincial Appraisal Committee negated this claim.

Government lawyers added that proceeding with the trial gave Billanes the chance to submit evidence that could aid his defense.

"Considering that an examination of the evidence on record at this stage shows that there is sufficient evidence to support the indictment against accused-movant, it is preferable to proceed with the continuation of trial for the reception of accused-movant's evidence, where he may present countervailing evidence in his defense," the resolution read.

The Sandiganbayan said Billanes could still file his demurrer without a leave of court, but this risked forcing the anti-graft court to decide on his case based solely on the prosecution evidence. — DVM, GMA News