ILOILO City – The legal battle of Cong. Jerry Treñas in relation to a graft case filed against him is not yet over.
“My lawyers filed a motion to file demurrer. The motion was denied. My lawyers will proceed with what is necessary under the premises,” Treñas told Panay News.
In a recent decision, Sandiganbayan junked the lawmaker’s plea to dismiss the graft case over his alleged misuse of the priority development assistance fund (PDAF) worth half-a-million peso.
The 7th Division of the anti-graft court denied the motion for lack of merit.
The PDAF was that of Antiqueña senator Loren Legarda intended for the Iloilo Press Club (IPC) in 2003, when Treñas was still mayor of Iloilo City.
“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 Sandiganbayan said in its decision dated Jan. 28.
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./PN
