Las Piñas court grants demurrer to evidence of Magsasaka party-list nominee

A Las Piñas court has granted the demurrer to evidence of Magsasaka party-list nominee Lejun Dela Cruz, exonerating him of the crime of murder.

In a 6-page resolution dated March 18, the Las Piñas Regional Trial Court (RTC) Branch 275 said the prosecution failed “to rise on its own merits.”

“His immediate release is enjoined unless he is being detained for other lawful cause,” the court said. 

Authorities arrested Dela Cruz in February.

In March 2000, he was charged with murder in connivance with other individuals for the alleged killing of Eduardo Jimenez in 1992.

The court said that during the trial, none of the prosecution's intended witnesses appeared despite being subpoenaed. Instead, the prosecution offered their affidavits and rested their case.

“Here, the witnesses who have personal knowledge or who could testify on the involvement of Dela Cruz in the killing… did not appear in court,” it said.

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“No evidence, direct or circumstantial, was introduced which could connect Dela Cruz to the death of Jimenez,” it added.

The RTC said that the sworn statements of the prosecution are “hearsay evidence” and could not be given credence as they have no probative value.

“The determination of Dela Cruz’s criminal responsibility cannot rest on mere inference or conjecture, no matter how reasonable or probable, in recognition of his right to be presumed innocent,” it said.

For their part, Dela Cruz’s legal counsel, Atty. General Du welcomed the decision, saying this confirmed that he was wrongfully accused.

“From the very beginning, we have asserted Lejun’s innocence, and today, the

Meanwhile, Du said that they are eyeing to file charges against the Marikina Police officers over the “botched assassination attempt disguised as an arrest.”

“They must be held accountable for their actions. This is not just about clearing Lejun's name- it's about ending the culture of impunity and ensuring that justice is served," he said.

The Philippine National Police has denied that officers attempted to assassinate him. –NB, GMA Integrated News

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