Court allows Estrada, Napoles to seek dismissal of plunder raps
Credit to Author: The Manila Times| Date: Wed, 20 Mar 2019 10:56:18 +0000
The Sandiganbayan’s Fifth Division has given former senator Jose “Jinggoy” Estrada and Janet Lim Napoles permission to file demurrers to evidence through which they will move for the dismissal of the P183-million plunder case lodged against them in connection with the Priority Development Assistance Fund (PDAF) or pork barrel scam.
A demurrer to evidence is a motion to dismiss, challenging the sufficiency of the evidence presented by the prosecution during trial.
“After a meticulous examination of the totality of the evidence presented by the prosecution, both testimonial and documentary, the Court resolves to grant the present motion of the accused, to sufficiently provide him an opportunity to challenge the sufficiency of the prosecution’s evidence establishing the material elements of the offense charged to support a judgment of guilt,” the court said in a resolution promulgated on March 13.
It granted Napoles’ motion for leave to file demurrer to evidence in a separate resolution also promulgated on March 13.
The court gave the camps of Estrada and Napoles 10 days from receipt of the resolution within which to file a demurrer. It gave the prosecution the same period to file its comment.
The prosecution finished presenting its evidence last year.
Estrada’s camp claimed the prosecution failed to substantiate the accusation of plunder against the former senator.
The former senator was released from detention in September 2017 after the court allowed him to post bail.
In 2014, the Ombudsman filed before the Sandiganbayan a plunder complaint and 11 counts of graft against Estrada for the alleged illegal use of his PDAF. REINA C. TOLENTINO
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