Sandigan denies anew plea of Enrile's ex-chief of staff to dismiss plunder charge via demurrer to evidence
The Sandiganbayan has denied anew the motion of Jessica Lucila "Gigi" Reyes, former chief of staff of then Senate president Juan Ponce Enrile, to file a demurrer to evidence and seek the dismissal of her plunder charges on alleged weakness of the prosecution's evidence to sustain a conviction.
With the denial, Reyes has been ordered to present her evidence on Nov. 7 and 9 starting at 2 p.m.
Her plea to a demurrer had earlier been denied. She filed a motion for reconsideration which was also denied.
In contrast, Enrile's motion to file a demurrer to evidence on his plunder case had been granted by the anti-graft court. However, the court ruled that the resolution of Enrile's demurrer would be done simultaneously with its decision on the charges filed against his co-accused -- Reyes and businesswoman Janet Lim Napoles.
Both Enrile and Reyes were charged with plunder and 15 graft charges due to the reported misuse of the former senator's P172-million Priority Development Assistance Fund (PDAF), which allegedly went to the non-government organizations (NGOs) owned by Napoles from 2004 to 2010.
In her motion for reconsideration filed last Oct. 10, Reyes told the court of the absence of conspiracy in the crime charged. She also accused the court of "partiality" since it allowed Enrile to file his demurrer but denied hers.
The Sandiganbayan rejected Reyes' allegations. It said: "Apart from restating the grounds mentioned in the motion for leave to file demurrer to evidence, no new arguments were raised that would warrant a reversal of the Court's resolution dated Sept. 19, 2023, which is only an interlocutory order and not a decision or judgment that finally disposes of the action, as opposed to the rules quoted in accused Reyes' motion for reconsideration."
The prosecution accused Enrile of receiving P172.8 million in "kickbacks" from his PDAF that were endorsed to Napoles' "fake NGOs." The alleged kickbacks were reportedly received by Enrile through Reyes.
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.