Enrile's plea to dismiss P172-M plunder charge to be resolved jointly with decision on other accused -- Sandiganbayan

The Sandiganbayan has decided to resolve the plea of former Senate president Juan Ponce Enrile to dismiss his plunder case simultaneously with its main decision involving other accused in the alleged misuse of the former senator's Priority Development Assistance Fund (PDAF) from 2004 to 2010.

Enrile was accused of receiving P172.8 million in "kickbacks" from his PDAF that were endorsed to businesswoman Janet Lim Napoles' non-government organizations.  The alleged kickbacks were reportedly received by Enrile through her then chief of staff Jessica Lucila "Gigi" Reyes.  

Enrile, Reyes and Napoles were charged, not only with plunder, but also with 15 graft charges. 

In 2015, Enrile, who is now the Presidential Legal Counsel, was allowed to post bail for "humanitarian reasons." In January 2023, the Supreme Court (SC) granted the plea of Reyes for a habeas corpus petition and ordered her release from jail.  Napoles has been in detention for her convictions in previous criminal cases also involving PDAF.

The Sandiganbayan had allowed Enrile to file a demurrer to evidence in his plunder case.  However, the court disallowed the plea aired by Reyes who has to present her evidence.

In its Oct. 13, 2023 resolution, the Sandiganbayan said: "Accordingly, the 'Demurrer to Evidence' filed before the Court by accused Juan Ponce Enrile, through counsel, on Sept. 29, 2023, together with the 'Opposition' filed before the Court by the Prosecution on Oct. 11, 2023, shall be resolved or decided simultaneously or jointly with the main decision after the presentation of evidence for the other accused, pursuant to Section 8, Rule VIII of the 2018 Revised Internal Rules of the Sandiganbayan, and for the orderly disposition of this case."

A demurrer to evidence is a pleading filed by an accused in a criminal case to seek dismissal of the charge based on alleged weakness of the prosecution's evidence to sustain a conviction.  If the filing is allowed by the court and the demurrer is granted, the accused is acquitted of the criminal charge.

If a demurrer is filed without the approval of the court, the case will be resolved only on the basis of the evidence presented by the prosecution.