Sandiganbayan denies anew Enrile’s bid to dismiss plunder case
The Sandiganbayan has once again denied former Senator Juan Ponce Enrile's move to dismiss his plunder case over his alleged involvement in the "pork barrel scam."
In a 19-page resolution promulgated on April 27, the anti-graft court's Third Division dismissed Enrile's motion seeking reconsideration to the court's January 31 ruling, denying his motion to quash the case.
The court said Enrile "failed to present any sound reason" for it to reverse its earlier ruling.
The court also noted that the arguments Enrile raised in his new motion were the same as those in his earlier plea.
"[A]ccused Enrile raises the same argument, [that is] that averments in the Information and bill of particulars do not allege the overt criminal acts which constitute a combination or series of overt criminal acts through which the ill-gotten wealth was amassed, accumulated or acquired," the resolution reads.
In its earlier ruling, the court said the facts charged in the case information against Enrile constitute the crime of plunder.
This, despite the senator's claim that there is neither anything in the information or bill of particulars that alleges that he himself, directly or indirectly, received any amount from his Priority Development Assistance Funds or "pork barrel" as kickback or commission.
The bill of particulars "presupposes a valid information, one that presents all the elements of the crime charged, albeit under vague terms," the earlier resolution read.
The court, in its April resolution, also maintained that based on the case information, the overt acts or predicate crimes Enrile may have committed include his direct or indirect receipt of any commission or kickback and the taking advantage of his official position --- both are among the predicate crimes under the Plunder Law.
"In sum, the Court finds that accused Enrile has failed to present any sound reason for the Court to overturn its Resolution promulgated on January 31, 2017," the court said.
Enrile is facing one count of plunder and 15 counts of graft for allegedly amassing P172.8 million in kickbacks from 2004 to 2010 through non-government organizations associated with alleged pork barrel scam mastermind Janet Lim-Napoles. —LBG, GMA News