The Sandiganbayan’s Second Division has allowed Lanao del Norte Rep. Abdullah Dimaporo’s plea to seek a quick acquittal in the graft and malversation cases filed against him in connection with the fertilizer fund scam in 2004.
In a resolution dated Oct. 17, the anti-graft court granted Dimaporo’s motion to file a demurrer to evidence, a pleading that questions the prosecution evidence, after the Ombudsman finished the presentation of its evidence.
“After a careful review of the records of the case and the evidence of the prosecution, the court is inclined to grant the oral motion of accused Dimaporo 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 anti-graft court said.
Should the court, however, find that Dimaporo’s demurrer to evidence is not meritorious, the lawmaker will no longer be allowed to submit evidence in his favor.
The court gave Dimaporo 10 days to file his demurrer to evidence.
Dimaporo was the governor of Lanao del Norte when the alleged crime was committed.
His co-accused, then Provincial Agriculturist Isabelo Luna VI and private individuals Felizardo Dragon, Evangeline Ontiveros, Rosalinda Bisenio and Elmer Sayre, were charged with malversation of public funds and graft for allegedly conspiring in the irregular use of P5 million from the Farm Input and Farm Implement Program of the Department of Agriculture for ghost fertilizer projects.
The program was implemented during the time of President and now House Speaker Gloria Macapagal Arroyo and former Agriculture Undersecretary Joc-Joc Bolante.
Both Arroyo and Bolante were cleared of charges in the alleged anomaly.
