Instead of dismissing outright the graft case against Rep. Geronimo Treñas of Iloilo City over the grant of P500,000 to a local media group when he was still mayor of the locality, the Sandiganbayan ordered him to present more evidence to prove his innocence.
In a resolution, the antigraft court’s Seventh Division denied Treñas’ motion for leave of court to file demurrer to evidence, saying that Treñas should present proof of his innocence instead of seeking an outright dismissal of his case.
The case stemmed from an alleged release of P500,000 to the Iloilo Press Club as assistance in the construction of its building in 2003.
Treñas said the money actually came from the pork barrel or Priority Development Assistance Fund of Senator Loren Legarda, who he said selected the beneficiary.
In its resolution denying Treñas’ motion for leave of court to file demurrer to evidence, the court said, “Gauging from the evidence so far presented by the prosecution, the Court is of the mind that, for now, the pieces evidence presented by it are strong enough to warrant conviction.
“Hence, there is a need for the accused to present his evidence because it is only in doing so that there can be a full appreciation and evaluation of the case,” the resolution also said.
A motion for demurrer to evidence is an accused’s plea to court to dismiss the case outright with the evidence on hand.
If that motion were filed without an approved motion for leave of court, the accused will lose the right to file a motion for reconsideration and present evidence in his favor if he were found guilty.
Treñas, in his motion, maintained the regularity of the disbursement, saying the Commission on Audit did not issue a notice of disallowance.
However, the court said this argument is “factual in nature best threshed out during trial.”
