MANILA, Philippines — Former Senator Ramon “Bong” Revilla Jr. has formally asked the Sandiganbayan for permission to file a demurrer to evidence in connection with a malversation through falsification of public documents case involving ₱92.8 million in alleged irregularities linked to a flood control project in Pandi, Bulacan.
Revilla’s legal camp filed the motion for leave, along with the demurrer itself, on October 19.
In their filing, the defense emphasized that the prosecution carries the absolute burden of proving every element of the offense and establishing the former lawmaker’s direct participation in the alleged crime beyond reasonable doubt.
“Every accused has the constitutional right to be presumed innocent until proven guilty beyond reasonable doubt,” Revilla’s lawyers stated in the motion.
The defense also asserted that the prosecution cannot rely on perceived weaknesses within the defense’s arguments to secure a conviction.
“The prosecution must establish the guilt of an accused through the strength of its own evidence, and not on the weakness of the defense,” the motion read.
Furthermore, Revilla’s camp argued that an accused is not obligated to present counter-evidence if the state fails to meet the required threshold of proof, making them legally entitled to an acquittal.
To back their plea, Revilla’s lawyers cited Section 23, Rule 119 of the Revised Rules of Criminal Procedure. This provision empowers the court to dismiss a criminal case due to insufficiency of evidence—either through its own initiative after hearing out the prosecution or upon a formal demurrer to evidence filed by the accused.
Describing the legal maneuver as a direct challenge to the adequacy of the state’s evidence to sustain a conviction, the defense maintained that the Sandiganbayan must evaluate whether the prosecution has presented competent and sufficient proof detailing both the commission of the crime and the specific role of the accused.
The Sandiganbayan has yet to issue a ruling on the motion.
It is worth noting that Revilla was previously released from detention after the Sandiganbayan 3rd Division granted him bail on July 31, setting his cash bond at ₱1 million.