The Sandiganbayan has ruled that Muntinlupa City Mayor Rozzano Rufino “Ruffy” B. Biazon should go to trial on the graft and malversation cases filed against him in the alleged misuse of his P3 million Priority Development Assistance Fund in 2007 when he was a member of the House of Representatives.
A demurrer to evidence can be filed only with permission of the court and it is done once the prosecution has terminated the presentation of its evidence on allegation that the prosecution’s evidence is weak to sustain a conviction. If a demurrer is filed without court’s permission and it is denied, the accused effectively waived his or her right to present his or her own evidence. If the court-permitted demurrer is granted, the accused is acquitted of the offense charged.
In his motion for reconsideration on the denial to file a demurrer to evidence on graft and malversation, Biazon told the anti-graft court that the choice of the PDAF project and the implementing agency was a mere “wish” on his part. But the anti-graft court did not agree and said that proof of receipt of such kickback is not necessary for conviction if the complained act is committed with culpa rather than with dolo .
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