Sandiganbayan affirms ruling on graft raps vs. LRay Villafuerte

The Sandiganbayan has affirmed its ruling  denying Camarines Sur Representative Luis Raymund Villafuerte's bid for a leave of court that would allow him to contest his case over the alleged questionable fuel purchases he entered into in 2010.

In a resolution dated September 25, the Sixth Division said it only made an initial assessment of the evidence against Villafuerte, contrary to his claim that the court prematurely ruled on his criminal liability.

The Sandiganbayan denied the same motion for reconsideration of Villafuerte's co-accused, Naga Fuel Express Zone proprietor Jeffrey Lo.

"The Court did not prematurely rule on their respective demurrers to evidence, but only made an initial assessment of the prosecution's evidence for the purpose of determining if the accused should be granted leave to file their respective demurrers," the resolution read.

Villafuerte and Lo were charged with three counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act when the then-Governor Villafuerte tapped Naga Fuel Express Zone for the purchase of petroleum products.

The provincial government paid for the products in three tranches in 2010, including a release of P5 million on January 22; another P5 million between January 7 and 23; and another P10 million on April 7.

All transactions failed to undergo a public bidding, according to the prosecution. 

Villafuerte had said that the prosecution failed to prove his guilt, noting that it has been a long-standing policy for the provincial government to purchase petroleum products from Naga Fuel's Petron station.

He said Camarines Sur actually benefited from the transaction since it was made to pay for storage fees, while the unit price of fuel remained the same regardless of prevailing market prices.

The Sandiganbayan denied Villafuerte's arguments after finding sufficient basis, based on the initial evidence, to convict him, which prompted the lawmaker to file his appeal.

Villafuerte said the Sandiganbayan failed to state its basis why his bid was denied, but the court said resolutions are not required to include a judgment on the merits of the case.

"The assailed Resolution is not a judgment on the merits, and hence, there is no need to state the facts and law on which it is based, or to show how the prosecution's evidence proved the accused's guilt beyond reasonable doubt," the Sandiganbayan said.

The Sandiganbayan, nonetheless, allowed Villafuerte and Lo to seek the outright dismissal of their case through a demurrer to evidence, even if it believes this will only delay the proceedings.

However, the two accused risk waiving their right to present further evidence to prove their innocence once they opt to file a demurrer. The move will then force the Sandiganbayan to rule either an acquittal or conviction based on the evidence of the prosecution.

Villafuerte is facing another graft charge at the Sandiganbayan in connection with the alleged anomalous security service contract he entered into from July 2008 to December 2009. —KBK, GMA News