The Sandiganbayan believes the evidence against a former president of the National Power Corp. and his co-accused is weak.
This, as the anti-graft court approved the motion of the former official to seek the outright dismissal of the graft and malversation charges filed against him.
“The Court resolves to grant the motion for leave of accused (Rogelio) Murga in order to adequately provide the defense an opportunity to test the sufficiency of the evidence presented by the prosecution and to determine if the same is enough to warrant a conviction,” the Sandiganbayan said.
The court’s Second Division on April 11 granted the motion for leave of court to file demurrer to evidence of former Napocor chief Murga, facing charges for alleged misuse of P124.4 corporate funds
Murga was given 10 days upon receipt of the resolution to file his demurrer to evidence.
The anti-graft court only grants motion for leave of court to file demurrer to evidence only in cases where it believes there is not enough evidence to warrant conviction of the accused.
The court also gave the prosecution the same 10-day period to file its comment upon receipt of the demurrer.
Murga and former Napocor Committee on Contract Expiration on Insurance Capacities chief Alberto Guanzon were accused of releasing P9.55 million from Napocor’s account with Ganda Energy and Holdings Inc. in favor of a certain Kaw Swee Tuan on March 19, 2003 despite their lack of authority from the board of directors.
The two were further accused of releasing P114.89 more of GEHI funds to Tuan the following day.
Murga told the court that the prosecution failed to prove his role in the crime and that no evidence was presented to prove that he misappropriated the funds.
He added none of the witnesses said he conspired with his co-accused, even as he pointed out the absence of an audit report or disallowance for the payments to Tuan.