THE Sandiganbayan Sixth Division affirmed its ruling to deny the motions for permission to file demurrer to evidence of seven accused in the malversation through falsification case filed against former congressman Zaldy Co and others in connection with an anomalous road dike construction project in Oriental Mindoro.
In a 10-page resolution promulgated on June 23, 2026, the court denied for lack of merit the motions for reconsideration filed by Gerald Pacanan, Dominic Serrano, Juliet Calvo, Dennis Abagon, Montrexis Tamayo, Lerma Cayco, and Felisardo Casuno, Co’s co-accused.
A demurrer to evidence is a motion to dismiss the case right in the middle of the trial. Instead of moving forward with presenting a defense, the accused asks the court to acquit them immediately because the prosecution’s case is too weak.
The accused may file a demurrer to evidence with or without leave — or permission — of the court.
If the demurrer is filed by an accused without leave of court and it is later denied, the accused can no longer present evidence in his defense. On the other hand, if the demurrer is filed with leave of the court but it is later denied, the accused can still take his turn during the trial to present witnesses and evidence.
A granted demurrer means acquittal.
“After reviewing the prosecution evidence and the parties’ arguments, this court arrived at the conclusion that granting the same would only lead to delay and, hence, denied the said motions,” the court said.
