The Sandiganbayan has denied the bid of Pangasinan Rep. Amado Espino Jr. for a leave of court that would allow him to contest his graft case over his alleged role in illegal black sand mining operations in 2011 in case his option for demurrer to evidence were denied.
With the denial of Espino’s motion for leave of court, the Sandiganbayan will no longer receive evidence in Espino’s favor in case it denies his motion for demurrer to evidence.
Filing of demurrer to evidence will then be a big gamble to Espino since all that the court now has are pieces of evidence submitted by the Ombudsman to prove the case against him.
However, the antigraft court’s Sixth Division said Espino could still file his demurrer to evidence, which seeks an outright dismissal of the case on the ground of weak evidence.
The court also denied the same motion of former Provincial Administrator Rafael Baraan and former Provincial Housing and Urban Development Coordinating Officer Alvin Bagay.
In his motion for leave, Espino said the Ombudsman was unable to prove that the issuance of the SSMP caused undue injury to the government.
Espino also assailed the Ombudsman for failing to produce original documentary evidence, in effect insinuating that the evidence presented by the prosecution might have been forged.
The Sandiganbayan said these arguments from Espino were best discussed during a full-blown trial and not through a demurrer.
“Espino Jr., et al.’s arguments that there was no actual magnetite/black sand mining and that they did not act in a manner attended by manifest partiality, evident bad faith, or gross inexcusable negligence, among others, are evidentiary in nature and are matters of defense, the truth of which can best be passed upon after a full-blown trial on the merits,” the court said.
Espino and his co-accused face three counts of graft for allowing black sand mining in Lingayen Gulf in 2011 when he was still governor, while Villafuerte was being held accountable for the irregular procurement of P20 million worth of petroleum products for the provincial government in 2010.
The Ombudsman claimed Espino, in conspiracy with Baraan, allegedly issued permits to Xypher Builders Inc. and Alexandra Mining and Oil Ventures Inc. to conduct soil remediation and mineral extraction in Barangay Sabangan in Lingayen for the exportation of P10.750 million worth of minerals to China when he was provincial governor.