Sandiganbayan junks Estrada appeal to dismiss PDAF graft case
Metro Manila, Philippines - The Sandiganbayan rejected Senator Jinggoy Estrada's motion to dismiss his graft case that involved pork barrel funds or the Priority Development Assistance Fund (PDAF) scam.
In a resolution promulgated on March 26, the Sandiganbayan denied Estrada’s motion for demurrer to evidence which sought to dismiss the case for insufficiency of evidence.
The court cited findings of government agencies and testimonies of witnesses.
"In total, the court is convinced that the plaintiff clearly proved that Estrada's PDAF was systematically pocketed, was divided among the accused, and nothing went to the supposed beneficiaries of the PDAF-funded agricultural and livelihood programs," the resolution stated.
“It also demonstrated how Estrada received kickbacks from (businesswoman Janet Lim) Napoles, in consideration of his participation in the commission of the offense, based on the evidence presented,” it added.
Estrada was saddened by the Sandiganbayan's denial to dismiss his case. The senator was acquitted of plunder over the same scandal.
“While this may be a setback in my continuing quest to prove my innocence of the charges, nothing bars me from exercising my right to exhaust all legal remedies, including the filing of a motion for reconsideration with the anti-graft court, as I continue to have faith in the fairness of our justice system. I know that, in the end, the truth will be on my side,” the senator said in a statement.
A number of public officials and their staff have been implicated in the pork barrel scam, in which their PDAF allocations went to non-existent non-government organizations allegedly operated by Napoles, who in turn gives a kickback. Among others supposedly involved were Senator Ramon “Bong” Revilla and now Chief Presidential Legal Counsel Juan Ponce Enrile.
Revilla and Enrile were also acquitted of plunder charges. Revilla was cleared of graft, while that of Estrada and Enrile remains pending. The cases were filed in 2014 during the 16th Congress.
The Sandiganbayan also denied the demurrer of co-accused Dennis Cunanan while it granted the demurrer of other accused: Mario Relampagos, Marilou Bare, Rosario Nuñez, and Lalaine Paule.