The Sandiganbayan Sixth Division has denied the bid of Limay, Bataan Mayor Nelson David and three of his co-accused to challenge the prosecution’s evidence as insufficient to support a conviction in the graft case filed against them.
David was charged for violations of Section 3(e) and (g) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act together with Municipal Assessor Jocelyn Linao, Municipal Treasurer Felicidad Cruz, and Engineer Rolando Flores.
Their graft charges are due to the municipality’s reportedly overpriced purchase of agricultural land owned by Richie Jayson and Christian Ryan David, both the mayor’s sons, who were also part of the municipal appraisal committee.
David’s sons appraised the land at P10,180,380 by referencing the valuation set for residential land and not as agricultural land as indicated in its tax declaration back in October 2002. As a result, the municipality purchased the land at this overvalued appraisal.
David filed his motion for leave to file demurrer on July 1, while Linao, Cruz, and Flores filed theirs on July 2.
David tried to shake off the blame by reasoning that the municipal appraisal committee came up with an independent report, and it was the municipal council that authorized him to purchase the lots owned by his sons.
Linao, Cruz, and Flores hinged their motion on the argument that the prosecution’s documentary and testimonial evidence are insufficient to prove conspiracy and their guilt beyond reasonable doubt. (Czarina Nicole Ong)
