MANILA — The Sandiganbayan Third Division has allowed former senator and now-Chief Presidential Legal Counsel Juan Ponce Enrile to move for the outright dismissal of the plunder case against him while denying the same motion filed by his former aide Jessica Lucila “Gigi” Reyes, based on separate orders issued by the court.
“Accordingly, accused Enrile, through counsel, is given a non-extendible period of ten days from notice hereof within which to file his demurrer to evidence, while the prosecution is given a similar non-extendible period of ten days from receipt thereof within which to file its comment and/or opposition. Thereafter, the said demurrer to evidence shall be deemed submitted for resolution,” it added.
Section 23, Rule 119 of the Rules of Court states, “When the demurrer to evidence is filed without leave of court, the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution.” The court did not elaborate the reason for the denial but gave Reyes 5 days to inform the court what she intends to do, giving her the option to still file a demurrer without leave of court “but subject to the legal consequence” under the Rules of Court.
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