THE Sandiganbayan has granted former Senate president and chief presidential legal counsel Juan Ponce Enrile to formally move for the dismissal of his plunder case but rejected a similar motion by his former chief of staff Jessica Lucila “Gigi” Reyes.
In separate resolutions, the anti-graft court allowed Enrile to file a demurrer to evidence, which amounts to a motion to dismiss the case for weak evidence by the prosecution, but rejected the one filed by Reyes.
In the September 18 resolution, the Sandiganbayan’s Third Division gave Enrile’s camp 10 days to file the demurrer to evidence and the prosecution another 10 days to respond upon receipt of the first document.
But in the September 19 resolution, the same court division denied Reyes’ motion for leave to file the demurrer “for lack of merit.”
Reyes, however, may still pursue the demurrer even without the express leave of the court, although the consequence of such filing is she will have waived her right to present evidence for her defense, the Sandiganbayan explained.
Enrile and Reyes are facing plunder and graft charges in connection with the former’s Priority Development Assistance Fund (PDAF) that allegedly went to the bogus non-government organizations (NGOs) formed by businesswoman Janet Lim Napoles.
