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Enrile runs to Supreme Court, wants Sandiganbayan ‘pork’ trial stopped
By MARK MERUEÑAS, GMA News
(Updated 3:31 p.m.) Months after his two colleagues ran to the high court for help, Senate Minority Leader Juan Ponce Enrile has also sought redress from the Supreme Court to stop the ongoing Sandiganbayan plunder trial over his alleged involvement in the P10-billion pork barrel scam.
On Thursday, SC Public Information Office chief and spokesman Theodore Te confirmed to reporters that Enrile had filed a petition for certiorari with GR. No. 213455.
On Thursday, SC Public Information Office chief and spokesman Theodore Te confirmed to reporters that Enrile had filed a petition for certiorari with GR. No. 213455.
In his petition, Enrile asked the high tribunal to "issue a temporary restraining order to respondents from holding a pre-trial and further proceedings in Criminal Case No. SB-14-CRM-0238." He also asked the high court to set his petition for oral arguments.
Enrile filed his petition through his lawyer Estelito Mendoza and his law firm, Ponce Enrile Reyes and Manalastas Law Office.
Enrile filed his petition through his lawyer Estelito Mendoza and his law firm, Ponce Enrile Reyes and Manalastas Law Office.
Enrile is facing one count of plunder and 15 counts of graft.
In separate information sheets filed by the Ombudsman, Enrile and his co-accused, including his former chief of staff Gigi Reyes, are alleged to have amassed P172.8 million in kickbacks from 2004 to 2010 through non-government organizations associated with alleged pork scam brains Janet Lim-Napoles.
Bill of particulars
In his 79-page petition, Enrile said the Sandiganbayan acted without, or in excess of jurisdiction or with grave abuse of discretion, when it compelled the lawmaker to plead to the criminal charges without granting his "Motion for Bill of Particulars."
Under Section 9, Rule 116 of the Rules of Court, an accused has right to move for a "Bill of Particulars" to enable him or her to properly plead and prepare for the trial.
Through the "Bill of Particular," an accused can ask for details of the case being lodged against him, including particular facts or pieces of information about the case, to ensure that the trial would be fair.
"The denial by Sandiganbayan of petitioner Enrile's "Motion for Bill of Particulars" compels him to go to trial practically with one eye blindfolded," read the petition.
"Despite the ambiguity and insufficiency of the information, the public respondents erroneously denied petitioner Enrile's 'Motion for Bill of Particulars,'" it added.
Details needed
Among the details of the case that Enrile wanted to know before he was arraigned were:
- names of the specific people who delivered and received the P172,834,500.00 allegedly pocketed by Enrile, as well as the dates and places where they were delivered;
- description of each projects for which Enrile's Priority Development Assistance Fund would have been used, including who identified the projects, as well as the nature, location and costs of the projects;
- which particular Commission on Audit audits and field investigations were conducted to validate findings that Enrile's PDAFs went to ghost projects;
- how did Enrile take undue advantage of his government position to enrich himself at the expense of the Filipino people;
- Who amassed or acquired the accumulated amount of P172,834,500.00? Enrile or his former chief of staff Gigi Reyes? When? Where?;
- with whom did Enrile conspire? Reyes, alleged mastermind Janet Lim-Napoles, Ronald Lim, John Raymund de Asis?
- What particular acts constitute the "combination or series of overt criminal acts" that were done to accumulate the amount? What particular acts constitute the "series" and who among the accused committed these acts?
Respondents
Named respondents in Enrile's petition were Sandiganbayan Presiding Justice Amparo Cabotaje-Tang, and Associate Justices Samuel Martires and Alex Quiroz of the Sandiganbayan Third Division which is handling his plunder and graft case.
Enrile's co-accused and fellow senators – Ramon Bong Revilla Jr. and Jinggoy Eatrada – have respectively filed in March and May similar petitions contesting the plunder charges and seeking to stop the trial.
Revilla had pleaded for oral arguments on his petition but the high tribunal did not heed his request.
Enrile, Revilla and Estrada are all detained in Camp Crame – Enrile at the PNP General Hospital while Estrada and Revilla are at the Custodial Center.
The Sandiganbayan has ordered the suspension of the three lawmakers although the decision has yet to become final and executory. — RSJ/KG, GMA News
Enrile, Revilla and Estrada are all detained in Camp Crame – Enrile at the PNP General Hospital while Estrada and Revilla are at the Custodial Center.
The Sandiganbayan has ordered the suspension of the three lawmakers although the decision has yet to become final and executory. — RSJ/KG, GMA News
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