Bataan mayor bid to dismiss graft case denied
by Allan Yves Briones
Limay Mayor Nelson David’s motion for leave to dismiss his graft case outright has been denied by the Sandiganbayan.
In a three-page resolution, the Sandiganbayan 6th Division ruled that the prosecution’s evidence, “if unrebutted…is sufficient to support a verdict of guilt” against David.
However, David is still free to file his motion to dismiss, the court stated, but it would mean he is waiving his right to present evidence.
The Limay mayor is facing charges for allegedly violating Sections 3(e) and (g) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.
According to the prosecution, David allegedly authorized the purchase of overpriced agricultural land worth P10.18 million owned by his two sons, Richie Jayson and Christian Ryan David, in 2002.
His two sons were also discovered to be part of the Municipal Appraisal Committee.
In his motion, David explained that the Municipal Appraisal Committee was responsible for the independent report on the purchased land. Also, that it was the municipal council who authorized the purchase of the same.
Charged alongside David are three Department of Public Works and Highways 1st District Engineering Office officials.
Municipal Assessor Jocelyn Linao, Municipal Treasurer Felicidad Cruz and Engineer Rolando Flores argued that the prosecution’s evidence is insufficient to prove their guilt beyond a reasonable doubt.
Previously, the court has imposed a 90-day preventive suspension on the Limay mayor.
Associate Justice Karl Miranda wrote the resolution, concurred by Division Chairperson Sarah Jane Fernandez and Associate Justice Kevin Narce Vivero.
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