MANILA — The Sandiganbayan Third Division has denied former senator Ramon “Bong” Revilla Jr.’s request for permission to file a demurrer to evidence seeking the dismissal of malversation charges over a controversial ₱92.8-million flood control project in Bulacan that prosecutors said was never implemented.

Atty. Dennis Pulma, clerk of court of the Third Division, confirmed the denial of Revilla’s motion for leave of court to file the pleading.

A demurrer to evidence asks the court to dismiss a case on the ground that the prosecution has presented insufficient evidence to establish the accused’s guilt. Revilla had attached his demurrer to his motion for leave.

Pulma said the court merely noted the attached pleading, meaning it was entered into the case records.

Revilla is currently out on bail following the division’s July 31 decision granting his petition in a split 2-1 vote. The ruling cited the prosecution’s failure to present an “iota of proof” that he had explicitly or implicitly agreed to receive advance kickbacks.

In its resolution, penned by Associate Justice Fritz Bryn Anthony Delos Santos, the majority said the prosecution had yet to establish a link between Revilla’s alleged efforts to obtain project lists and facilitate funding and an agreement to recover advance kickbacks through the alleged misuse of public funds.

The court allowed Revilla to post a ₱1-million cash bond for his provisional liberty. The ruling, however, concerned only his bail application and did not determine his guilt or innocence.

The charges stem from the alleged diversion of at least ₱76.9 million 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.

The Office of the Ombudsman alleged that Revilla obtained a list of infrastructure projects from the Department of Public Works and Highways (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 ₱500 million in cash to Revilla and claimed the former senator demanded a 25% “commitment” from infrastructure projects, including the Pandi project.

Bernardo’s driver and personal aide corroborated his testimony, saying they delivered boxes to Revilla’s ancestral residence.

In a dissenting opinion, Third Division Chairperson Associate Justice Karl Miranda maintained 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 former officials of the DPWH Bulacan First District Engineering Office — Brice Hernandez, Jaypee Mendoza, Arjay Domasig, Emelita Juat, Juanito Mendoza and Christina Pineda — also sought bail, but the court denied their petitions. They remain detained.