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[av_heading heading=’Sandigan denies Libacao mayor’s demurrer appeal’ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
By ADRIAN STEWART CO
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January 16, 2018
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MANILA – The Sandiganbayan has denied Libacao, Aklan mayor Charito Navarosa’s motion for leave of court to file demurrer to evidence in relation to an unlawful appointment charge lodged against him in 2013.
A demurrer to evidence is a motion to dismiss which the accused files after the prosecution has finished presenting evidence.
It is filed if the accused thinks that the evidence presented is insufficient.
The Sandiganbayan denied Navarosa’s motion to dismiss the unlawful appointment, which is punishable under Article 244 of the Revised Penal Code, because the evidences that the prosecution presented are sufficient.
“After a careful study, the Court finds that the evidences presented by the prosecution, testimonial and documentary appear to be prima facie sufficient for conviction, unless successfully controverted by defense evidence,” the decision stated.
It added, “The determination on the sufficiency or insufficiency of the evidence presented by the prosecution as to establish a prima facie case against the accused is left to exercise of sound judicial discretion.”
The case against Navarosa stemmed from his appointment of Paterno Turang Jr. as college administrator of the Libacao College of Science and Technology despite the latter’s lack of qualifications.
It was also revealed in the investigation that Navarosa appointed Turang a year after the latter lost the vice mayoralty bid in 2010 elections.
The appointment was also not a collective decision by the Board of Trustees of the school.
Through a job order, Navarosa appointed Turang at the position “with the intent to circumvent the Local Government Code and a memorandum of the Civil Service Commission on the prohibition of designation of non-career employee to government position.”
“Navarosa knew then the lack of legal qualifications of (Turang), who has no doctorate degree in educational management and a five-year teaching and administrative experience, which are needed on his job,” the decision stated./PN
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