While the Sandiganbayan allowed former senator Juan Ponce Enrile to seek the dismissal of his plunder case through a demurrer to evidence, it denied the same plea filed by his former chief of staff Atty. Jessica Lucila "Gigi" Reyes.

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.

If the filing of a demurrer is disallowed, like in the case of Reyes, the court will allow her to present her evidence to rebut those presented by the prosecution.

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 businesswoman Janet Lim Napoles.

In 2015, Enrile, who is now the Presidential Legal Counsel, was allowed to post bail. In January 2013, the Supreme Cour (SC) granted the plea of Reyes for a habeas corpus petition and ordered her release from jail.

In the case of Enrile, the Sandiganbayan said "the Motion for Leave to File Demurrer to Evidence filed before the Court by accused Juan Ponce Enrile, through counsel, on Sept. 8, 2023, is granted."

"Accordingly, accused Enrile, through counsel, is given a non-extendible period of 10 days from notice hereof within which to file his demurrer to evidence, while the prosecution is given a similar non-extendible period of 10 days from receipt thereof within which to file its comment and/or opposition," the court said.

However, Reyes' plea to file a demurrer to evidence was denied. The anti-graft court said: "This is without prejudice to the said accused filing such demurrer to evidence without prior leave of court, but subject to the legal consequence provided under Section 23, Rule 119 of the Revised Rules of Criminal Procedure, as amended, that is, she shall waive her right to present evidence and submit this case for judgment on the bases of the evidence adduced by the prosecution."