The Sandiganbayan has denied the plea of former Commission on Elections Chairman Benjamin Abalos Sr. for the summary dismissal of the graft case against him in connection with the alleged anomalous purchase of service vehicles of the poll body in 2003.
However, the anti-graft court's Sixth Division, in a resolution dated Sept.11, said Abalos can still file a motion for demurrer of evidence or waiver of his right to present counter evidence.
“[In the event Abalos submits a motion for demurrer], he shall waive his right to present evidence and is submitting this case for judgment on the basis of the evidence adduced by the prosecution,” the Sandiganbayan said.
Prosecutors accused Abalos of giving undue advantage or preference to Toyota Pasong Tamo Inc. in the procurement of two Toyota Revo VX 200 worth P1,711,418.19 without the required public bidding.
They said that Republic Act 9184 or the Government Procurement Reform Act does not allow shopping or canvassing as a mode of purchase when it comes to motor vehicles.
Two Comelec officials, the former director of the Comelec Finance Services Department, Eduardo Mejos and Administrative Officer Aileen Maqueda were the principal witnesses against the former poll body chairman.
Abalos has denied the allegations levelled against him and filed a motion to dismiss.
However, the Sandiganbayan denied Abalos's motion to dismiss and ordered a trial of the case.
“After a careful study of the documentary and testimonial evidence submitted by the prosecution, the Court finds that, if unrebutted, the same is sufficient to consider this case submitted for decision,” the Sandiganbayan said.