Sandiganbayan junks Napoles' bid to dismiss P15-M graft case related to PDAF scam

This developed after the anti-graft court's Second Division, in an eight-page Resolution issued this month, dismissed for lack of merit Napoles' Motion For Leave To File Demurrer to Evidence for the graft case involving the PDAF of then Nueva Ecija 3rd District Representative Aurelio Umali.

A demurrer to evidence is a motion to dismiss the case on the ground of insufficiency of evidence presented by the prosecution. "Such general statements run counter to the requirements under Section 23 of Rule 119 of the Rules of Court which instructs that the motion for leave shall specifically state its ground. The court finds the instant motions for leave to file demurrer to evidence untenable," the anti-graft court added.

"It must be emphasized that at this point, the Court is not yet passing upon the merits of the case. The incident before us is merely a determination of whether the evidence on record is sufficient to sustain the indictment or support a verdict of guilt and does not lead to a conclusion of the guilt or innocence of the accused," the anti-graft court pointed out.

The Sandiganbayan has denied the bid of businesswoman Janet Lim-Napoles to have the court dismiss the graft charges filed against her in connection with the release of the P15-million PDAF of a lawmaker for implementation of projects that allegedly turned out to be non-existent.

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