Jinggoy Estrada asks Sandiganbayan anew to grant him bail

Former Senator Jinggoy Estrada has asked the Sandiganbayan anew to allow him to post bail for plunder, citing two reasons: the prosecution’s supposed failure to present evidence of his guilt in the P10-billion pork barrel scam and the ill effects of continued detention on his well-being.

In a 16-page omnibus motion filed before the Fifth Division Monday, Estrada, through his lawyers, said he cannot be held liable for plunder because the prosecution “fatally failed” to prove the essential elements of the crime in the case information it submitted to the Sandiganbayan.

He cited as basis for his argument the Supreme Court decision junking the plunder case against former President Gloria Macapagal Arroyo.

The decision stated that it would be “improbable” for the 10 defendants to be accused of plunder plunder if none of them were alleged to be the main plunderer responsible for the reported misuse of P366 million in the Philippine Charity Sweepstakes’ Office’s intelligence funds.

“As such, each of the 10 accused would account for the aliquot amount of only P36,599,791.50 or exactly 1/10 of the alleged aggregate ill-gotten wealth, which is far below the threshold value of ill-gotten wealth required for plunder,” the SC ruling read.

Citing the High Tribunal’s decision, Estrada said: “Since there are four accused mentioned in the information who amassed, accumulated and acquired ill-gotten wealth, the alleged aggregate amount of P183,793,750 should be divided among the four accused, giving an amount of only P45.9 million for each of them, which is short from the required threshold amount of P50 million to commit plunder.”

Estrada’s co-accused in the case were his former employee Pauline Labayen, alleged pork barrel scam mastermind Janet Lim Napoles and her nephew, John de Asis.

The former senator, who is currently detained at the Philippine National Police (PNP) Custodial Center in Camp Crame, Quezon City, is accused of amassing P183.793-million worth of kickbacks for allocating his Priority Development Assistance Fund (PDAF) or pork barrel from 2004 to 2012 to the fake non-government organizations (NGOs) allegedly owned by Napoles.

However, Estrada said the allegation that he is the “main plunderer” in the case was nowhere to be found in the case information sheets filed by the Ombudsman.

Even assuming there was basis for the filing of plunder charges, Estrada said the prosecution failed to present “strong, credible and convincing evidence” to pin him down for the crime.

He described the witnesses and pieces of evidence presented by state prosecutors—which include Ruby Tuason, who testified to bringing P14 million in kickbacks to Estrada’s office, and the supposed summary of rebates he received— as “speculative and controversial, and more disastrously, anemic and an oxymoron” because they are inconsistent.

Estrada insisted on his innocence. While plunder is a non-bailable offense, he said he should be allowed to post bail because there is no indication on when his trial will end.

Estrada said there is the supposed danger that his condition will “further deteriorate/degenerate” by his continued detention. 

He said his physical, mental and emotional state has deteriorated due to the various ailments he supposedly endured throughout his detention and made worse by the absence of his family.

“[Estrada] has been deprived and continues to be deprived, prior to conviction beyond reasonable doubt, of his freedom or enjoyment of his right to life and liberty, the love and company of his loved ones and relatives, the pursuit of the pleasures and enjoyments of day-to-day living…,” his lawyers said.

The Fifth Division has already denied with finality last May Estrada and Napoles’ bail plea, saying they failed to present any new argument in their respective motions for reconsideration that would warrant the reversal of the court’s January 7, 2016 ruling denying their petition to post bail. — VVP, GMA News