MANILA— Former senator Ramon “Bong” Revilla Jr. and his co-accused, former Department of Public Works and Highways (DPWH) engineer Jaypee De Leon Mendoza, have asked the Sandiganbayan to dismiss the P92.8-million malversation case against them over an alleged anomalous flood control project in Pandi, Bulacan.

The Sandiganbayan Third Division confirmed that Revilla’s camp filed a motion for leave of court on Monday, accompanied by a demurrer to evidence seeking the dismissal of the charges.

A demurrer to evidence asks the court to dismiss a case on the ground that the prosecution’s evidence is insufficient to warrant a conviction.

The division’s clerk of court also confirmed that Mendoza had filed a similar pleading. The prosecution was given five days from receipt of the motions to submit its comment.

Revilla was previously granted bail in the case after the anti-graft court ruled in July that the prosecution had failed to establish strong evidence of his guilt.

In a split 2-1 decision, the division allowed him to post a P1-million cash bond for his provisional liberty, citing the lack of evidence directly linking him to an agreement to receive kickbacks from the alleged project.

“The prosecution has not yet presented any proof that connects the alleged acts of obtaining the list and of facilitating the funding of the subject project to the eventual understanding that the recovery of the advance kickbacks allegedly paid to accused Revilla will be recovered by some of the co-accused by way of malversation,” the resolution, penned by Associate Justice Fritz Bryn Anthony Delos Santos, said.

The ruling, however, applied only to Revilla’s bail application and did not determine his guilt or innocence.

The charges stem from the alleged diversion of at least P76.9 million in public funds intended for a flood control project in Purok V, Barangay Bunsuran, Pandi, Bulacan. Prosecutors said the project was declared completed despite never having been implemented.

According to the Office of the Ombudsman, Revilla allegedly obtained a list of infrastructure projects from the DPWH, facilitated the inclusion of the Pandi project in the 2025 General Appropriations Act, and received kickbacks from its allocation. Revilla has repeatedly denied the allegations.

During the bail hearings, former DPWH Undersecretary Roberto Bernardo testified that he delivered P500 million in cash to Revilla and claimed the former senator demanded a 25% “commitment” from infrastructure projects, including the Pandi project.

Bernardo’s testimony was corroborated by his driver and personal aide, who said they delivered boxes to Revilla’s ancestral residence.

The court’s majority found insufficient evidence at the bail stage to establish that Revilla’s actions in securing project lists and facilitating funding were linked to an agreement to recover kickbacks through the alleged misuse of public funds.

In a dissenting opinion, Third Division Chairperson Associate Justice Karl Miranda argued that strong evidence also existed against Revilla, whom he described as a principal conspirator in an alleged scheme involving the DPWH.

Revilla’s co-accused officials from the DPWH Bulacan 1st District Engineering Office remain detained after the court denied their bail petitions.

The case will proceed as the court considers the parties’ submissions on the demurrers to evidence.