Court denies plea for arrest warrant vs ex-lawmaker
Credit to Author: Ma. Reina Leanne Tolentino, TMT| Date: Wed, 15 Jan 2020 16:20:19 +0000
THE Sandiganbayan’s Fifth Division denied the prosecution’s plea for the issuance of an arrest warrant against former Association of Philippine Electric Cooperatives party-list Rep. Edgar Valdez.
“Upon meticulous scrutiny of the records and a deliberate consideration of the arguments of the parties, the Court finds the instant motion bereft of merit,” the court said in a nine-page resolution promulgated on January 9.
Based on the resolution, the prosecution had filed a motion arguing that an arrest warrant should be issued against Valdez and businesswoman Janet Lim Napoles in view of the court’s denial of the demurrers to evidence.
A demurrer to evidence is a motion to dismiss challenging the sufficiency of the evidence presented by the prosecution during trial.
Valdez and Napoles were charged with plunder before the Sandiganbayan in 2015 in connection with the Priority Development Assistance Fund (PDAF) or “pork barrel” scam.
In its resolution, the court said “Valdez correctly pointed out that there is no basis to recall the grant of bail.”
“After accused Valdez posted bail, he religiously attended the proceedings of the instant case and no risk of flight arose. There is no indication that he has the intention to flee from our jurisdiction,” it said.
The court added that “the nature of petition for bail is different from the proceedings in the demurrer to evidence and the quantum of proof required therein are likewise dissimilar.”
“Wherefore, premises considered, the Motion to Issue Warrant of Arrest dated Nov. 18,
2019 filed by the prosecution is denied for utter lack of merit,” the court said.
The court denied the demurrers to evidence in a resolution promulgated on Aug. 28, 2019.
Valdez and Napoles asked the court to reconsider its ruling but the court, in a resolution promulgated on Nov. 13, 2019, denied their motions for reconsideration.
The Office of the Ombudsman filed the case before the Sandiganbayan in 2015.
Napoles was committed to the Correctional Institution for Women after the Sandiganbayan’s Special First Division, in a decision promulgated in December 2018, convicted her and Richard Cambe of plunder in connection with the PDAF scam but acquitted co-accused and Sen. Ramon Revilla Jr.
Cambe was Revilla’s former aide.