The Sandiganbayan has affirmed its November 2019 decision junking the bid of former First Gentleman Jose Miguel “Mike” Arroyo and his co-accused to file demurrer to evidence in connection with the supposed questionable procurement of second-hand choppers by the Philippine National Police in 2009.
In a 10-page resolution, the anti-graft court’s Seventh Division ruled the trial of Arroyo, husband of former President Gloria Arroyo, and 11 others must go on since the court has already found sufficient evidence against them.
“The appreciation of evidence has to be done on a wholistic perspective in consideration of the facts and evidence presented. At this stage, the Court is still blind to the claims or defenses advanced by the accused as they rather appear evidentiary in nature which the Court is yet to hear,” the decision read.
The anti-graft court said the Raven 1 helicopters, according to prosecutors, were passed on as brand new.
It took into account that the accused, including ex-PNP chief Jesus Versoza, did not deny having performed their functions “which, following prosecution’s evidence, appears instrumental in the commission of the crime.” Rio N. Araja
The other accused were Romeo Hilomen, Roman Loreto, Avensuel Dy, Claudio Caspar Jr.,
Ronald Roderos, Ruben Gongona, Ma. Linda Padojinog, Leocadio Salva Santiago Jr., Ermilando Villafuerte, and Job Nolan Antonio.
“In their motions, they are one in cleansing their hands in so far as the other stages of the procurement of the subject helicopters were concerned, maintaining that there was no proof of their participation in the conspiracy. But this is a matter of defense,” the Sandiganbayan said.
“Where there thus appears sufficiency of evidence preliminarily weighed at this instance, it is only for the accused to present their defense for a proper appreciation of the charges. The most cost-effective and expeditious way to do this is to proceed to trial, unabated by any other motions,” it added.
“Wherefore, in view of the foregoing, the separate Motions for Leave of Court to File Demurrer to Evidence filed by accused… are all denied for lack of merit.”
