MANILA — The Sandiganbayan Sixth Division has denied the motion of nine former Department of Public Works and Highways (DPWH) Region 4B officials seeking to dismiss a malversation case linked to an alleged anomalous flood control project, saying the filing lacked merit.

In a report, it said that in a resolution dated June 1, the anti-graft court ruled that the accused’s motion for leave to file a demurrer to evidence appeared to be aimed at delaying proceedings involving the alleged PHP289-million substandard flood control project in Oriental Mindoro.

A demurrer to evidence is a legal remedy that seeks the dismissal of charges based on the alleged insufficiency of prosecution evidence.

The nine officials who sought permission to file the motion were identified as Gerald Pacanan, Gene Ryan Altea, Ruben Santos Jr., Dominic Serrano, Juliet Calvo, Dennis Abagon, Motrexis Tordecilla Tamayo, Lerma Cayco, and Felisardo Casuno.

“Upon careful examination of the records, the Court resolves to deny the motions for leave to file demurrer to evidence of accused Pacanan, Altea, Santos, Serrano, Calvo, Abagon, Tamayo, Cayco, and Casuno as granting the respective motions would only serve to delay the proceedings,” the court said.

“Accordingly, the motions for leave to file demurrer to evidence of the accused…are denied for lack of merit. The schedule of hearings previously set for the presentation of defense evidence is maintained,” it added.

The Sandiganbayan Sixth Division had earlier scheduled the presentation of defense evidence within June.