East Avenue Medical Center officials’ motion seeking dismissal of graft charges denied
by Allan Yves Briones
The motion filed by East Avenue Medical Center (EAMC) officials seeking for leave to file a demurrer to evidence has been denied by the Sandiganbayan.
“After a perusal of the records of the case, the Court finds no cogent reason to grant accused-movants’ present motion,” the resolution stated, promulgated September 4.
According to the resolution by the 4th Division, the contents of the motion violated the rules of court by failing to specifically state its specific grounds.
“(The accused) merely made a general allegation in their present motion that pieces of evidence that were presented by the prosecution were insufficient to prove beyond reasonable doubt,” the court said.
EAMC Medical Chief II Roland Cortez, Finance Management Officer Marieta Cruz and Chief Administrative Officer Jose Calixto were charged with violating Section 3 (e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act for an allegedly anomalous purchase of medical supplies.
Their motion sought the court’s permission for what is tantamount to a motion to dismiss the case due to insufficiency of evidence.
Instead, the court set the presentation of the defense’s evidence on August 28 and 29.
Division Chairperson Alex Quiroz wrote the resolution, concurred by Associate Justices Reynaldo Cruz and Bayani Jacinto.