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.

“The ‘Motion for Leave to File Demurrer to Evidence’ filed before the Court by accused Juan Ponce Enrile, through counsel, on September 8, 2023, is granted,” said a copy of the Third Division’s Minutes dated September 18, 2023, obtained by ABS-CBN News.

“Accordingly, accused Enrile, through counsel, is given a non-extendible period of ten (10) days from notice hereof within which to file his demurrer to evidence, while the prosecution is given a similar non-extendible period of ten (10) 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.

A demurrer to evidence is essentially a motion to dismiss on the ground of insufficiency of prosecution evidence. It is filed halfway through trial — after the prosecution has presented its evidence and just before the defense is supposed to present its side.

If granted, it could lead to an acquittal based on the merits.

Permission from the court is required so as not to forego the chance to present evidence.

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.”

While the anti-graft court granted Enrile’s bid to move for the outright dismissal of the plunder case against him, it denied “for lack of merit” Reyes’ similar motion for leave to file demurrer to evidence, according to the Minutes of the Third Division dated September 19, 2023.

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.

The 2 orders were signed by 3 justices of the Sandiganbayan Third Division, namely, Sandiganbayan Presiding Justice Amparo Cabotaje-Tang, Associate Justice Bernelito Fernandez, and Associate Justice Ronald Moreno.

Initial dates for Reyes to present her evidence were set on October 17 and October 19, 2023.

ABS-CBN News is still seeking to get the side of both Enrile and Reyes, as well as the Office of the Ombudsman which is prosecuting the case.

Enrile and Reyes are both accused of plunder, along with “pork barrel queen” Janet Lim Napoles, for supposedly amassing P172.83 million worth of kickbacks from Enrile’s Priority Development Assistance Fund (PDAF) funneled through ghost NGOs created by Napoles.

Napoles did not indicate seeking to move for the dismissal of the case against her.

The three are also facing graft charges.

Enrile was released in August 2015 after the Supreme Court granted his bail plea citing poor health and his not being a flight risk on account of his social and political standing and his immediate surrender.

• Enrile freed on bail
• SC issues notice of judgment granting Enrile's bail

Reyes, on the other hand, was released in January this year after the Supreme Court granted her petition for habeas corpus.

The high court considered her 9-year confinement as “oppressive.”

• Enrile's former aide Gigi Reyes released from jail after almost 9 years

Napoles is serving several sentences, including a 2018 plunder conviction in the case where Sen. Ramon “Bong” Revilla, Jr. was acquitted, and a recent conviction for corruption of a public official in the case involving former APEC Party-list Rep. Edgar Valdez.

• Napoles, lawmaker acquitted of plunder but convicted for other crimes
• Bong Revilla cleared of plunder in pork barrel scam case

She was also found guilty of 2 counts of graft and 2 counts of malversation in the case involving the late Davao del Sur representative Douglas Cagas, and 3 counts of graft and 3 counts of malversation in separate cases involving former Congressman Constantino Jaraula and former Davao del Norte 1st District Rep. Arrel Olaño.

• Napoles, ex-Davao Del Norte solon found guilty in PDAF scam
• Janet Napoles, ex-Rep. Jaraula found guilty of graft linked to pork barrel scam
• Napoles acquitted in 16 graft cases, guilty in another set of PDAF cases