Jinggoy files motion for bail, says evidence against him weak

Hours after a warrant of arrest was issued against him by the Sandiganbayan Fifth Division, Senator Jinggoy Estrada on Monday filed a motion for bail with the anti-graft court.

Estrada is facing plunder and graft charges in connection with the alleged pork barrel scam where he supposedly pocketed P183.7 million in government funds.

“Sen. Estrada most respectfully prays that the Honorable Court admit him to bail in such amount as the court may fix, and order his release upon posting of bail,” Estrada's motion read.

In his motion submitted through his lawyers, Estrada emphasized that “evidence of guilt is absent and at worst is not strong.”

The motion also further qualified that Estrada, son of former President and now Manila Mayor Joseph Estrada, is not a flight risk.

Plunder is a non-bailable offense if strong evidence of guilt exists. Estrada's lawyers argued that the prosecution in the case has failed to prove that strong evidence exists.

“Therefore even though a person is charged with an offense punishable by life imprisonment such as plunder, he or she is entitled to be released on bail unless prosecution proves that evidence of guilt is strong,” the motion said.

“The prosecution, which has the burden of proof in order for bail to be denied, has not demonstrated probable cause, much less, that evidence if guilt is strong,” it added.

Estrada has been implicated in part due to whistleblower Benhur Luy's testimony that he received kickbacks coursed through bogus non-government organizations linked to alleged scam mastermind Janet Lim-Napoles.

However, the motion stated that Luy's testimony was based on hearsay, noting that there is “no evidence that Estrada personally amassed, accumulated or acquired ill gotten wealth.”

“Apart from bare allegations and hearsay evidence, there is no proof that Estrada received a single cent of his PDAF,” it said, referring to the Priority Development Assistance Fund, the formal name of the pork barrel.

Estrada also cited his current standing as an incumbent senator and a “celebrity” as proof that he is not a flight risk.

“He is a movie actor and a celebrity. He is easily recognizable, making it impossible for him to depart any airport or port. He has always maintained that he will face charges,” the motion read.

It also pointed out that Estrada's surrender to authorities shortly after the issuance of the arrest warrant “is a very clear indication that he has no intention to flee.”

Estrada also filed a separate motion to be allowed to stay at the Philippine National Police's Custodial Center in Camp Crame, Quezon City. —KBK, GMA News