Sandiganbayan junks Bong Revilla motion to contest sufficiency of evidence in ‘pork’ case

The Sandiganbayan on Thursday denied the motion of detained former senator Ramon “Bong” Revilla Jr. to allow his camp to contest the sufficiency of the prosecution’s evidence in his plunder charge in connection with the pork barrel fund scam.

First Division chairperson Associate Justice Efren Dela Cruz made the order in open court after he and Associate Justices Geraldine Faith Econg and Reynaldo Cruz deliberated on the merits of Revilla’s motion for leave to file demurrer to evidence.

“After considering the evidence which the court admitted... the court is of the view that there is a need for the accused to present evidence. Therefore, the motions for leave are hereby denied,” Dela Cruz said.

Dela Cruz, nonetheless, said the defense can still file their demurrer to evidence if they wish to do so within a period of 10 days.

A demurrer to evidence is a motion seeking to dismiss a case on the ground of weak evidence from the prosecution.

Sought for comment, Revilla only replied "Merry Christmas" to reporters.

Aside from the former lawmaker, alleged pork barrel scam mastermind Janet Lim Napoles and former Revilla aide Richard Cambe also filed the same motions which were likewise denied.

In his motion, Revilla appealed to the Sandiganbayan to junk his case since the prosecution failed to prove he allegedly received P224.5 million in kickbacks. 

Revilla said even the prosecution's witnesses affirmed that the former lawmaker did not receive money for allocating his PDAF to the fake non-government organizations of Napoles.

Napoles, for her part, said the plunder law prosecutes a public officer and not a private individual like her. 

Napoles also said there is no evidence from the prosecution showing who served as the main plunderer, or the principal person who benefited in the amassing of ill-gotten wealth in the scam.

Plans of defense

Lead defense counsel and former solicitor general Estelito Mendoza said his camp and Revilla will study their next move following the Sandiganbayan's ruling.

Mendoza said the ruling does not prevent them from filing a demurrer to evidence despite the risks its filing poses.

"We have to study that carefully. We will take a chance by just filing a demurrer or to present evidence—very likely that Senator Revilla did not receive any single peso of the alleged ill-gotten wealth," Mendoza said.

"We have the right to file demurrer within 10 days. But that would mean we waive the presentation of evidence. There is a risk there," he added.

Revilla's camp risks waiving his right to present further evidence to prove his innocence once his lawyers opt to file a demurrer. The move will then force the Sandiganbayan to rule either an acquittal or conviction based on the evidence of the prosecution.

Mendoza reiterated the innocence of his client, saying the prosecution failed to prove beyond reasonable doubt that Revilla committed plunder.

He said the ground of Revilla being an incumbent senator then was the only element proven by the prosecution, while none of the evidence showed he received a single peso of PDAF as alleged in the case information.

"Sinasabi ko lang malakas 'yung aking sinabi. Pinaninindigan ko na walang ebidensya na tumanggap si Bong ni piso sa P224 million na sinasabi [ng prosecution]," Mendoza said. —KG, GMA News