Sandiganbayan denies ex-Misamis Oriental vice governor’s plea in graft case

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Former Misamis Oriental vice governor Jose Mari Pelaez is accused of misusing funds by assigning three casual employees to work on his private properties while he was an official of the provincial government

MANILA, Philippines – The anti-graft court Sandiganbayan has denied former Misamis Oriental vice governor Jose Mari Pelaez’s motion for leave of court to file a demurrer to evidence, blocking a move for an early dismissal of the graft charges against him.

Pelaez, charged with three counts of graft in 2023, is accused of misusing provincial funds by assigning three publicly paid casual employees to work on his private properties in Gingoog and Cagayan de Oro while he was vice governor of the province.

His motion sought permission to challenge the prosecution’s evidence as insufficient for conviction, a move that, if granted, could have led to the case’s dismissal without his defense being heard.

Prosecutors alleged that Pelaez placed three provincial board casual employees – Antonio Rodriguez, Ricky Pagaran, and Lowell Zarate – on government payroll from 2013 to 2015 while they worked on his private properties.

In his motion, Pelaez argued the case should not have been filed, citing what he saw to be irregularities in the workers’ affidavits. 

Pelaez also pointed out that the Commission on Audit (COA) had never issued an adverse finding against him during the period in question.

Prosecutors, however, countered that Pelaez had acknowledged documents from the provincial treasurer and accountant detailing the workers’ employment and salary payments. 

They said the employees testified that they worked on Pelaez’s private properties, specifying their tasks, work hours, and instructions from him and his staff.

The prosecution argued that COA’s lack of adverse findings was irrelevant, as state auditors were not privy to private arrangements between Pelaez and the workers.

In a March 21 ruling, the Sandiganbayan’s 6th Division denied Pelaez’s motion, with Associate Justice Sarah Jane Fernandez stating that granting it “will merely cause delay in the proceedings.” Associate Justices Kevin Narce Vivero and Lord Villanueva concurred.

The anti-graft court stated that Pelaez may still file a demurrer without leave of court, but if denied, he would forfeit his right to present evidence. If he chooses to present evidence, he must inform the court and prosecution in advance of his witnesses and their judicial affidavits. – Rappler.com