Sandigan allows GMA to file motion for dismissal of plunder rap

MANILA, Philippines - The Sandiganbayan has given former President Gloria Macapagal-Arroyo 10 days to file a demurrer to evidence, a move for dismissal of the plunder case against her on the ground that upon the facts and the law the government has shown no right to relief.

Through demurrer to evidence, the Pampanga lawmaker could be acquitted if it can be proven that the government has no evidence against her.

The anti-graft court’s First Division has also given the Office of the Ombudsman 10 days to oppose the demurrer to evidence.

Modesto Ticman Jr., Arroyo’s lead defense counsel in the plunder case, told The STAR the court’s decision indicates that the prosecution’s case “is standing on shaky ground.”

“It’s already weak, not sufficient to convict the accused,” he said.

“If demurer to evidence is granted, it is tantamount to an acquittal. If denied, defense will have chance to present evidence.” 

Ticman said they will ask the Sandiganbayan to dismiss the plunder case based on the fact that no witness who has personal knowledge has testified against Arroyo.

“They have no evidence that (Arroyo) had acquired, amassed or accumulated ill-gotten wealth,” he said. “No evidence that she in any way benefited.”

Ticman said witness  Flerida Jimenez of the Commission on Audit (COA) testified that Arroyo is not an accountable officer, and that no proof exists that she benefited from the release of the Philippine Charity Sweepstakes Office (PCSO) confidential and intelligence funds amounting to P365.9 million.

The Sandiganbayan ruling allowing the filing of a demurer to evidence means something because the request could have just been denied if such would simply waste the court’s time, he added.