Sandiganbayan affirms denial of Jinggoy Estrada’s bid to junk graft case

MANILA, Philippines — The Sandiganbayan Second Division on Friday affirmed their denial of Sen. Jinggoy Estrada’s bid to junk the graft case against him.

Aside from graft, Estrada faces a non-bailable plunder case over an alleged P573 million kickback which involved transactions in Metro Manila and Oriental Mindoro worth P350 million; and transactions in Bulacan worth P213 million.

The graft case filed in the Second Division is concerned with the P213 million in Bulacan which state prosecutors said was allegedly a 25-percent kickback to an P855 million worth of flood control projects.

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READ: Senate enforces suspension order against Jinggoy Estrada

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The Second Division resolved the motion for reconsideration dated June 16 filed by Estrada on the court’s June 4 order denying his Urgent Omnibus Motion Ad Cautelam.

This Omnibus motion sought to quash the case information, dismiss the case or suspend the proceedings  and remand the case for preliminary investigation or reinvestigation.

“The motion lacks merit,” stated part of the six-page resolution of the anti-graft court promulgated on July 10.

Estrada’s camp maintained that the case information is deficient because it allegedly failed to specify the precise acts which specifying his offense, which they say denied the senator his constitutional right to be informed of the nature and cause of the accusation.

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However, the court said the senator’s own pleadings “demonstrate his detailed understanding of the allegations against him.”

His Omnibus motion and motion for reconsiderations, the resolution said, “contain extensive discussions” addressing matters such as project requests, the budgetary process, alleged kickbacks and state prosecutor’s legal theories.

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“Such extensive refutation belies any claim of uncertainty regarding the accusation he faces,” the court said.

Estrada also maintained that he was denied due process during the preliminary investigation, but the court noted that he submitted a counter-affidavit, which showed that he was afforded the opportunity to answer and defend himself.

The senator’s camp further noted that they were not given a chance to file a motion for reconsideration (MR) in the Office of the Ombudsman, but the court said the filing of an MR is “merely a privilege” and a lack of it does not justify dismissal or reinvestigation of the case.

The Second Division has ordered a 90-day suspension for his senatorial post on June 16.

Section 13 of the Republic Act 3019 or the Anti Graft and Corrupt Practices Act provides that officials charged with graft or criminal offenses under the Revised Penal Code shall be suspended from office.

The Senate imposed Estrada’s suspension on June 22.

The Sandiganbayan Fifth Division on Thursday also rejected Estrada’s motion to participate in the impeachment trial of Vice President Sara Duterte. /mr

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