Revilla demurrer blocked

Former Senator Ramon “Bong” Revilla Jr. suffered a setback in his malversation case after the Sandiganbayan Third Division denied his bid to seek dismissal of the charges without presenting defense evidence.

The anti-graft court on Wednesday rejected the motions for leave of court to file a demurrer to evidence filed by Revilla and his co-accused, effectively denying them permission to challenge the sufficiency of the prosecution’s evidence at this stage.

The court merely took note of the demurrer that Revilla had attached to his initial motion, according to the Third Division clerk of court, who spoke to reporters.

“The court issued the resolution denying the motions for leave of court to file demurrers to evidence by all of the accused in the Revilla case,” the official said.

Under Philippine criminal procedure, an accused must first secure the court’s permission before filing a demurrer to evidence, which seeks dismissal of a case on the ground that the prosecution has failed to establish guilt.

Seeking leave of court also protects the accused’s right to present defense evidence should the demurrer be denied. Filing one without permission, however, amounts to waiving that right and leaves the court to decide the case based on the prosecution’s evidence alone.

Despite the latest setback, Revilla remains out on bail after the Third Division earlier granted his petition for provisional liberty in a 2-1 ruling. He posted a P1-million bond in connection with the non-bailable malversation charge.

His co-accused, meanwhile, remain detained at the New Quezon City Jail-Male Dormitory after the court rejected their respective bids for provisional liberty.

Revilla faces plunder and malversation charges over allegations that he received kickbacks from a P92.8-million ghost infrastructure project in Pandi, Bulacan.

The former senator and his camp have repeatedly denied the accusations, maintaining that prosecutors have presented no proof linking him to the alleged scheme.

Marcoleta seeks similar court relief

In a separate development, Senator Rodante Marcoleta and his co-accused have also asked the Sandiganbayan Third Division for permission to file demurrers to evidence in their plunder case.

The case also involves former congressman Michael Defensor and businessmen Aristotle Viray and Joseph Espiritu, who are accused of involvement in the alleged transfer of P75 million in campaign funds to Marcoleta ahead of the 2025 national elections.