Three accused in the November 2009 Maguindanao massacre case were allowed by the Quezon City Regional Trial Court (RTC) to file their demurrer to evidence seeking the dismissal of 58 counts of murder charges filed against them.
In a three-page order, Judge Jocelyn Solis-Reyes of RTC Branch 221 granted a motion for leave of court to enable accused Dexson Saptula, Abas Anongan and Kominie Inggo to file their demurrer to evidence within 10 days.
Demurrer to evidence is a motion to dismiss a case filed by the defense after the prosecution rests on the ground of insufficiency of evidence of the prosecution.
Reyes, however, denied the same motion filed by accused Talembo Masukat for lack of merit.
The four accused filed the motion on the ground that the evidence adduced by the prosecution is not sufficient to prove their guilt beyond reasonable doubt.
In its comment/opposition, the prosecution claimed that the ground stated by the accused does not conform with the requirement of Rule 119, Section 23 (par. 3) of the Revised Rules on Criminal Procedure since their ground is a mere general and sweeping statement that the evidence is insufficient to prove their guilt beyond reasonable doubt.
The prosecution said accused Masukat was positively identified by state witness Sukarno Badal to be one of the commanders who was present during a meeting held at Century Park Hotel on July 20, 2009 wherein the plan to kill the Mangudadatus was hatched and discussed.