THE camp of former senator Leila de Lima yesterday said the Muntinlupa regional trial court has granted her plea to file a demurrer of evidence in the last drug case lodged against her.
De Lima’s legal counsel Bonifacio Tacardon said Muntinlupa RTC Branch 206 Presiding Judge Gener Gito granted De Lima’s motion during Monday’s hearing on the initial presentation of the defense’s evidence on the case.
“The Court issued its resolution on the formal offer of evidence this afternoon. We then asked the Court to give us at least ten days to file our motion for leave to file demurrer to evidence, which was granted,” Tacardon said.
He said the court gave the prosecution 15 days to comment after which the motion is submitted for decision.
“The demurrer to evidence, if granted, will result to the dismissal of the criminal case,” Tacardon said.
A demurrer is essentially a motion to junk the case due to lack of evidence against the accused.
The prosecution has already filed its formal offer of evidence against the former senator and her co-accused, but Gito directed state prosecutors on January 28, 2024 to submit more than 60 pieces of evidence against De Lima.
The evidence includes sworn statements, affidavits and other documents that they claim support their allegations that the former lawmaker was involved in the illegal drug trade at the New Bilibid Prison when she was the secretary of the Department of Justice during the Aquino administration.
De Lima was released on bail in November 2023 after spending more than six years in detention.
In his order allowing De Lima to post bail, Gito pointed to the lack of substantial evidence presented by the prosecution to keep her detained and noted that evidence so far submitted have failed to sufficiently establish her guilt.
De Lima has won two of the three drug cases lodged against her, one through a demurrer of evidence in February 2021 and the other in May last year when the court threw the case out due to lack of merit.