The Sandiganbayan has allowed the motion for leave of court to file demurrer to evidence of former Metro Rail Transit Line 3 general manager Al Vitangcol III in connection with the alleged irregularities of the interim maintenance of the MRT3.
The anti-graft court’s Sixth Division resolved on May 17 to give Vitangcol 10 days to supplement or amend the demurrer attached in the motion.
It also granted then-PH Trams incorporator Wilson de Vera’s same motion.
Vitangcol and De Vera sought the outright dismissal of their graft charges due to weak evidence, but they are still allowed to submit defense evidence during the trial should the court denies the demurrer.
Vitangcol, faces two counts of graft and one count of violation of the Procurement Law in connection with the allegedly anomalous PH Trams maintenance contract.
The MRT maintenance contract awarded to PH Trams and its joint venture Comm Builders and Technology Philippines Corp. (CB&T) in October 2012.
The Sandiganbayan said: “The motions for leave to file demurrer in this case were filed not for the purpose of delaying the proceedings but appears to be based on accused’s sincere belief that the prosecution’s evidence failed to prove beyond reasonable doubt that they are guilty.”
Vitangcol faces a separate case at the Sandiganbayan owing to his alleged attempt to extort $30 million from representatives of the Czech firm Inekon Group.