The Sandiganbayan Sixth Division has turned down the requests of nine former Department of Public Works and Highways (DPWH) Region 4B officials seeking permission to challenge the sufficiency of the prosecution’s evidence in their ongoing malversation case.
The legal battle involves former Ako Bicol Party-list Representative Zaldy Co and centers on suspected irregularities surrounding a ₱289-million flood mitigation initiative located in Naujan, Oriental Mindoro. The accused are alleged to have profited from the controversial infrastructure project.
In a 16-page resolution issued on June 1, 2026, which was penned by Associate Justice Sarah Jane Fernandez, the anti-graft court declared that the pleas submitted by Gerald Pacanan, Gene Ryan Altea, Ruben Santos Jr., Dominic Serrano, Juliet Calvo, Dennis Abagon, Montrexis Tordecilla Tamayo, Lerma Cayco, Felisardo Casuno, along with another co-accused, were devoid of merit.
The judiciary stressed that approving the applications would unnecessarily stall the legal process.
”Upon careful examination of the records, the Court resolves to deny the Motions for Leave to File Demurrer to Evidence of accused, Pacanan, Altea, Santos, Serrano, Calvo, Abagon, Tamayo, Cayco, Felisardo, and Casuno as granting the respective motions would only serve to delay the proceedings,” the resolution read.
It added:
”ACCORDINGLY, the Motions for Leave to File Demurrer to Evidence of accused Pacanan, Altea, Santos, Serrano, Calvo, Abagon, Tamayo, Cayco, Felisardo, and Casuno are DENIED for lack of merit.”
A demurrer to evidence functions as a legal avenue for defendants to request the outright dismissal of a lawsuit by arguing that the prosecution has failed to produce enough proof to justify a guilty verdict.
Following the denial, the Sandiganbayan confirmed that the defense will proceed to present its own evidence during the court hearings scheduled for this June.