(UPDATED 5:54 P.M.) The Sandiganbayan Third Division on Friday issued warrants for the arrest of Senate Minority Leader Juan Ponce Enrile, his former aide Gigi Reyes and other co-accused in connection with the plunder charges filed against them for allegedly pocketing millions of pesos in kickbacks from the pork barrel scam.
The anti-graft court found probable cause to proceed with the trial against Enrile, Reyes, alleged scam mastermind Janet Lim Napoles, Napoles' nephew Ronald John Lim and her driver Raymund De Asis in connection with the pork barrel scam, said lawyer Dennis Pulma, the Third Division clerk of court.
The Third Division also denied the motion of Reyes to suspend the proceedings pending the resolution of the petition she filed with the Supreme Court seeking an injunction on the case.
“The court finds the existence of probable cause that the crime of plunder has been committed and that the accused are probably guilty thereof,” the minute resolution read.
“Let warrants of arrest be issued against all the accused in this case,” it added.
Pulma said the court had yet to set the date of arraignment for the accused.
The resolution said that the allegations in the information sufficiently apprised the accused of the nature and the cause of the accusation against them contrary to the claim of Enrile, Napoles, Lim and de Asis that it confuse them.
“In truth, the allegations that accused Enrile, Napoles, Lim and De Asis want to see from the subject information pertain to matters of evidence which need not be alleged in criminal informations...An objective and judicious reading of the information shows that there is nothing ambiguous or confusing in the allegations therein,” the court said.
Enrile and Reyes are accused of repeatedly receiving kickbacks from the senator's Priority Development Assistance Fund allocation, worth a total of P172.8 million, from Napoles and her representatives Lim and De Asis from 2004 to 2010.
In the information filed against Enrile and his co-accused, the Ombudsman said the senator or his representative received a percentage of the cost of the project to be funded by his pork barrel allocation in exchange for his endorsement of a Napoles foundation as the recipient of the funds.
According to the charge sheet, Napoles' foundations converted the government funds into kickbacks for the alleged scam mastermind and her conspirators, including the lawmaker and members of his staff, instead of delivering the project to beneficiaries.
The Ombudsman said the accused took "undue advantage, on several occasions, of their official position, authority, relationship, connection and influence to unjustly enrich themselves at the expense and to the damage and prejudice of the Filipino people."
Listed as witnesses against Enrile were Ruby Tuason and whistleblowers Benhur Luy, Merlina Suñas and Marina Sula.
The court denied Enrile’s motion that he be granted bail before, during and after the court’s determination of his guilt as it is premature.
“Here, accused Enrile has not voluntarily surrendered or been placed under the custody of the law hence his prayer that he be granted bail is premature,” it said.
No warrant for Napoles’ children yet
Pulma said the court had also issued a resolution finding probable cause on the graft charges filed against 37 of the 49 accused.
“Sa graft, meron nang resolution but we are still preparing the orders of arrest,” Pulma said.
He said only 37 would be issued warrants of arrest for now after Associate Justice Samuel Martirez found the information on 12 of the accused lacking.
Among those who would not be issued arrest warrants so far were Napoles' children, Jo Christine and James Christopher.
In his separate opinion, Martires said the Office of the Special Prosecutor should present additional evidence with respect to Jo Christine, James Christopher, Fernando Ramirez, Aileen Palama, Amparo Fernando, Jesus Castillo, Dorilyn Fabian and Renato Ornopia.
He also voted that the case against Margarita Guadinez be dismissed as it was “nowhere in the Joint Resolution of the Ombudsman is (her) participation ever discussed. And neither does the Field Investigation Office report discuss why it is recommending that charges against (her) be filed for violation of RA 3019.”
“Her case is the proverbial 'kabute' in the Tagalog region best typified,” Martires said.
He also voted for the reinvestigation on the cases against Hernani Ditchon, Rodrigo Galay and Laarni Uy “having been denied the right to a preliminary investigation.” —NB/YA, GMA News
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