MANILA, Philippines — The camp of former senator Leila de Lima is set to file a motion for leave of court to file a demurrer to evidence in connection with the third and final drug case filed against her.
If the motion is granted, De Lima will be permitted to file a demurrer to evidence, which allows her to seek the dismissal of the case without presenting any counter-evidence.
In an interview yesterday, De Lima’s lawyer Boni Tacardon said they would affix a copy of the demurrer to evidence upon filing the appeal.
“The court gave us 10 days to file our motion. But we mentioned that we are ready to attach a copy for the actual demurrer to evidence. Hopefully, there will be a consolidated resolution on both our motion and demurrer to evidence,” Tacardon said in an interview.
“If a demurrer to evidence will be granted, (a) criminal case will be dismissed. It’s tantamount to acquittal,” he added.
The prosecution is likewise given 15 days to file its comment or opposition to the motion for leave.
The Muntinlupa Regional Trial Court Branch 206 yesterday issued its resolution on the formal offer of evidence of the defense.
“We are always hopeful. We are optimistic because we know that our case is right,” De Lima said.
Freed on bail, the former senator is facing her third and final drug case for her alleged involvement in the illegal drug trade at the New Bilibid Prison when she was justice secretary.
The first and second drug charges filed against De Lima were dismissed in 2021 and 2023.