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In its 19-page resolution on January 10, 2024, the Sandiganbayan Fourth Division granted the demurrer to evidence filed by the defendants.
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Demurrer to evidence
"A demurrer to the evidence is an objection by one of the parties in an action, to the effect that the evidence which his adversary produced is in sufficient in point of law, whether true or not, to make out a case or sustain the issue. The party demurring challenges the sufficiency of the whole evidence to sustain a verdict. The court, in passing upon the sufficiency of the evidence raised in a demurrer, is merely required to ascertain whether there is competent or sufficient evidence to sustain the indictment or to support a verdict of guilt."
"Sufficient evidence for purposes of frustrating a demurrer thereto is such evidence in character, weight or amount as will legally justify the judicial or official action demanded according to the circumstances. To be considered sufficient therefore, the evidence must prove: (a) the commission of the crime, and (b) the precise degree of participation therein by the accused."
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“This Court finds that the pieces of evidence offered by plaintiff vis-à-vis the shares of stock of defendant Nieto group in ETPI are insufficient to support the allegations of the complaint for Accounting, Reconveyance, Forfeiture, Restitution and Damages,”
- The ruling said
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The court also ruled that the lone witness, PCGG Chief Librarian Maria Lourdes Magno, was not a “credible witness” as she could only attest to the existence of the documents and how she got a hold of these, not the content.
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