In a 21-page decision dated June 6, the Makati RTC Branch 65 granted the demurrer to evidence filed by Espinosa and Marcelo Adorco over the conspiracy to commit illegal trading of dangerous drugs charges that they are facing.
“Wherefore, in view of the foregoing, the demurrer to evidence filed by both accused are hereby granted,” the ruling read.
The Makati court, in its ruling, said prosecutors have failed to prove the elements of the accused offense under Republic Act No. 165 or the Comprehensive Dangerous Drugs Act of 2002 to sustain a conviction beyond reasonable doubt. “There is no dispute that the testimonies of the prosecution witnesses on the conduct of the investigation upon Adorco is admissible in evidence because they have personal knowledge of the same. However, their testimonies on the alleged illegal trading committed by both accused is hearsay,” the court said.
The court also said Adorco’s sworn statements were hearsay “as he did not affirm their contents and he has not been subjected to cross-examination”.
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