“Wherefore, in view of the foregoing, the Demurrer to Evidence filed by both accused are hereby granted. Accordingly, Rolan E. Espinosa and Marcelo L. Adorco are hereby acquitted of the offense charged on reasonable doubt. They are ordered immediately released from detention unless they are confined for any other lawful cause,” Presiding Judge Veronica Tongio-Igot of the Makati Regional Trial Court Branch 65 ruled in a 21-page decision dated June 6.
In demurrer to evidence, the court stated that “the accused challenges the insufficiency of the entire evidence of the prosecution and asserts that the prosecution failed to prove the guilt of the accused beyond reasonable doubt.” “Lastly, the Senate transcript of stenographic notes dated 23 November 2016 and 5 December 2016 are inadmissible in evidence in judicial proceedings,” according to the demurrer to evidence.
“In fine, the prosecution must prove that the accused agreed to deliver, dispense, trade, transport, or distribute, dangerous drugs or acted as a broker or brought together the buyer and seller of illegal drugs in any of these transactions by using electronic devices such as but not limited to, text messages, e-mail, mobile or landlines, two-way radios, internet, instant messengers and chat rooms,” the court said.