Sandiganbayan urges Antique mayor to refute illegal tree cutting case

The Sandiganbayan has urged Mayor Genevive Lim-Reyes of Caluya, Antique to present her own evidence instead of seeking the outright dismissal of her case over the alleged unlawful cutting of 245 coconut trees in 2014.

In a resolution promulgated on April 11, the anti-graft court’s Fifth Division denied Reyes’ motion for leave of court to file demurrer to evidence due to lack of merit.

A demurrer is a motion challenging the strength of the prosecution evidence and whether it can sustain a guilty verdict, but an accused needs a leave of court for the trial to proceed in case the demurrer is denied.

The Sandiganbayan said Reyes can still file a demurrer, with the risk of “[waiving] the right to present evidence and submit the case for judgment on the basis of the evidence of the prosecution.”

Reyes is charged with graft and violation of the Coconut Preservation Act when she allegedly used her position to approve the cutting of trees in the five-hectare property of complainant Juliet Ramos.

The prosecution had also said the cutting was conducted without a prior public consultation and a permit from the Philippine Coconut Authority (PCA).

The motion of Reyes banked on the lack of evidence showing the trees were indeed planted in the property of Ramos, noting two witnesses said there was no record in the PCA office in Aklan of coconut trees in the area.

However, the Sandiganbayan said the prosecution proved the coconut trees were in the property of Ramos and the “burden of evidence” now shifts to Reyes to rebut them.

“After a careful examination of the records, the Court finds, the prosecution evidence, both testimonial and documentary, sufficient to establish the existence of planted coconut trees on the land prior to the clearing operations conducted thereon,” the Sandiganbayan said. — RSJ, GMA News