Sandigan junks Enrile bid to reconsider ruling on prosecution witness testimony

The Sandiganbayan has once again rejected former Senate President Juan Ponce Enrile’s bid to exclude as evidence the testimony of a prosecution witness in connection with the plunder charge against him and the pork barrel scam.

In a resolution dated May 19, the anti-graft court denied “for lack of merit” Enrile’s motion for reconsideration asking the Sandiganbayan to set aside its January 13, 2021 resolution that declined his wish to exclude lawyer Ryan Medrano’s judicial affidavit. 

Medrano belonged to Special Team I, which was formed by the Office of the Ombudsman to conduct a fact-finding investigation on the release and use of Enrile’s Priority Development Assistance Fund, a discretionary fund known as “pork barrel.”

The Sandiganbayan said Enrile wanted prosecution witnesses, including Medrano, to “provide their testimony orally in open court pursuant to the new rules on evidence, so that all of the nuances in their testimonies may be observed by him.”

Enrile argued that the use of Medrano’s judicial affidavit against his will would impair his constitutional right to confrontation.

In its denial of the motion, the Sandiganbayan pointed out that it “safeguarded” Enrile’s right to confrontation in its January resolution by allowing the use of Medrano’s judicial affidavit "subject to additional direct and cross-examination questions.”

“Notably, this right cannot be denied to Enrile unless he himself waives it,” the anti-graft court said.

Enrile is accused of pocketing P172 million in kickbacks from the pork barrel scam. In 2015, the Supreme Court granted his petition for bail on humanitarian grounds. — BM, GMA News