Former senator Leila de Lima’s lawyers have filed a demurrer to evidence before a Muntinlupa regional trial court (RTC), seeking the dismissal of the remaining drug charges against her alleged involvement in the illegal drug trade inside the New Bilibid Prison when she was secretary of justice.

A demurrer to evidence is filed by the accused after the prosecution rests, seeking to dismiss the case on the grounds of insufficiency of evidence.

In a 52-page motion filed before Muntinlupa RTC Branch 206, the defense said the prosecution, which completed its formal offer of exhibits in the case on March 11, “failed to present evidence even to just substantiate a denial of bail.”

The motion said the prosecution also “failed to show evidence of the supposed conspiracy between de Lima and the other accused to commit illegal drug trading.”

It noted that several government witnesses, including persons deprived of liberty, have expressed their desire to recant their testimonies against de Lima.

De Lima was charged with three cases of conspiracy to commit illegal drug trading. She was acquitted in two drug cases by Muntinlupa courts in February 2021 and in May last year.

Last November, Muntinlupa RTC Branch 206 granted bail to de Lima, with the court citing that the prosecution was unable to discharge its burden of establishing de Lima’s guilt sufficient to deny bail. (PNA)