MANILA — The Sandiganbayan has affirmed its earlier ruling rejecting the request of seven former Department of Public Works and Highways (DPWH) officials to dismiss a malversation case over an alleged P289-million substandard infrastructure project in Oriental Mindoro.

In a report, it said that in a resolution, the Sandiganbayan Sixth Division ruled that courts are not automatically required to grant leave to file a demurrer to evidence, stressing that such motions may be denied if found to lack sufficient basis.

“There is no issue that courts have granted demurrers to evidence, and that it is a remedy available to an accused in a criminal proceeding,” the resolution read.

“But none of the cases cited by the accused would support a conclusion that a court should always grant a Motion for Leave to File Demurrer every time one is filed,” it added.

The anti-graft court also said the arguments raised by the accused were repetitive and had already been resolved in its earlier ruling.

“The Court had studied and passed upon said arguments in the resolution sought to be reconsidered. It is a useless ritual for the Court to reiterate itself,” it said.

The court denied for lack of merit the motions for reconsideration filed by accused Gerald Pacanan, Dominic Serrano, Juliet Calvo, Dennis Abagon, Montrexis Tamayo, Lerma Cayco, and Felisardo Casuno.

A motion for leave to file a demurrer to evidence allows an accused to ask the court to dismiss a case on the ground that the prosecution’s evidence is insufficient. If denied, the accused may still present evidence unless they proceed with a demurrer without leave, in which case they risk waiving the right to present their own defense evidence.

Following the ruling, defense lawyers sought the postponement of the scheduled proceedings on Tuesday, June 23, citing the need for more time to consult with their clients and their families.

However, Sandiganbayan Sixth Division Associate Justice Kevin Vivero initially said the denial of the motion was not a valid reason to delay proceedings, stressing that parties should be prepared regardless of the outcome of pending motions.

“You cannot second guess what the court will do. You should have been ready, whether we grant the motion for leave of court to file demurrer to evidence or not, especially for accused Abagon,” Vivero said.

Accused Dennis Abagon was scheduled to take the witness stand on Tuesday for the start of the defense presentation of evidence.

Vivero later granted the defense’s request to cancel the hearing “in the higher interest of justice.”