SANDIGANBAYAN has junked the plea of former Iloilo city mayor and now congressman Geronimo “Jerry” Treñas to dismiss a graft case against him over the alleged misuse of the priority development assistance fund (PDAF) worth half-a-million peso.
The PDAF was that of Antiqueña senator Loren Legarda intended for the Iloilo Press Club (IPC) in 2003.
The 7th Division of Sandiganbayan issued a resolution dated Jan. 28 denying for lack of merit the motion for leave of court to file demurrer to evidence that Treñas filed.
“Since accused Treñas is yet to present his case, this Court has no basis to rule that his evidence is clearer and more convincing than what the prosecution has presented,” the anti-graft court ruled.
In his motion, Treñas argued that there being no notice of disallowance, there was no basis to say that the issuance of financial assistance from Legarda’s PDAF is a transaction that can be described as illegal, irregular, unnecessary, and extravagant.
He claimed that the prosecution failed to prove that he favored IPC over any other beneficiary since it was Legarda who selected the project.
Treñas added that Legarda has the sole discretion on how her PDAF will be used.
But the state prosecutors maintained that the arguments raised by Treñas were evidentiary matters that are not yet proven.
“In fact, the prosecution alleged that the matters raised by accused Treñas require separate evidentiary matters that relate to the defense of the accused. Thus, prosecution prayed that the motion for leave to file demurrer to evidence should be denied for lack of merit,” they said.
The prosecution panel also clarified that the liability of Treñas hinges on his act of releasing public funds to a private entity and from his failure to exercise caution in releasing the funds and not because he selected IPC as beneficiary.
Panay News was still reaching Treñas for comment as of press time. (With a report from the Philippine News Agency/PN)
