Sandiganbayan denies Jinggoy bid to dismiss graft charges over pork barrel funds

The Sandiganbayan has denied Senator Jinggoy Estrada’s appeal to junk the 11 counts of graft filed against him in connection with the alleged misuse of P183 million of the lawmaker’s discretionary public fund or pork barrel.

In a 99-page Resolution, the anti-graft court said that the testimonies of prosecution witnesses and Janet Lim Napoles employees Benhur Luy, Marina Sula and Merlina Suñas established how Estrada’s Priority Development Assistance Fund (PDAF) was diverted to Napoles-run non-government units which served as “project implementers” of fictitious government projects.

“In support of the charges against the accused, the plaintiff clearly demonstrated, through the testimonies of the whistleblowers, witnesses, and documentary evidence presented, how Estrada and his co-accused committed the overt acts,” the Sandiganbayan said.

“Upon release of the SARO, Napoles orders her employees to prepare the second half of the commission, which is delivered to Estrada or through his authorized representatives, [Pauline] Labayen, [Ruby] Tuason, Ranillo, and Tantoco, either at the JLN (Janet Lim Napoles) Office, Senate, or Estrada's residence,” the Sandiganbayan added.

The anti-graft court said that that the testimonies of the prosecution witnesses are supported by the 2012 Commission on Audit (COA) Special Audit Report on the PDAF from 2007 to 2009 which revealed the following:

• the implementing government agencies in including NABCOR, NLDC, and TRC did not actually implement the PDAF-funded projects of Estrada;
• these agencies released the funds to the Napoles-run NGOs even though they charged management fees;
• the direct releases by the government agencies of PDAF funds to the NGOs violated  Department of Budget and Management regulations because these releases were not preceded by endorsements from the executive departments exercising supervisory powers over these government agencies;
• the releases were made essentially at the behest of the sponsoring legislator;
• almost all of the NGOs that received PDAF releases did not have a track record on the implementation of government projects, and their addresses were questionable;
• the selection of the NGOs, as well as the procurement of the goods for distribution to the beneficiaries, did not undergo public bidding;
• some of the suppliers who allegedly provided the goods to the NGOs denied ever having dealt with the NGOs, contrary to the NGO's claims;
• the selection of NGO were not compliant with the provision s of COA Circular No. 2007-001 and Government Procurement Policy Board Resolution No. 12-2007;
• the suppliers and reported beneficiaries were unknown or cannot be located at their given addresses;
• the NGOs had provided non-existent addresses or their addresses were traced to mere shanties or high-end residential units without any signage; and
• the NGOs submitted questionable documents or failed to liquidate or fully document the utilization of funds.

“These observations  by the COA were validated  by the Field Investigation Office (FIO) of the Ombudsman, who conducted an on-site field verification. The findings of these agencies of deviations, irregularities, and wanton disregard of the provisions of the law show accused's deliberate intent to circumvent the required utilization and disbursement guidelines for personal gain and to give unwarranted benefits to Napoles, which caused undue injury to the government,” the Sandiganbayan said.

“It also certifies the testimony of Luy and animates the data in his daily disbursement reports (DDR) and summary of rebates (SOR) that attest to the kickbacks received by Estrada in the amount of at least P183,793,750 million in exchange for his favorable endorsement of Napoles' NGOs,” the Sandiganbayan added.

The anti-graft court also noted the weight of Luy’s accounts by citing that these were “based on personal knowledge, ascribable to his employment and duties as Finance Officer of JLN Corporation and backed up by documentary evidence such as the DDRs and SOR stored in his hard drive, which he personally encoded or recorded in relation to his functions.”

Estrada, the Sandiganbayan said, defended himself from the 11 counts of graft by arguing that the DDRs of Luy are unreliable “as they are mere printouts and can nowadays be easily manufactured.”

The anti-graft court, however, dismissed his argument by citing that the NBI (National Bureau of Investigation) attested to the integrity of the DDR and verified that the same was not tampered with.

“The court is not persuaded. The DDRs and SOR entries were supported by the findings of the COA, FIO investigation, AMLC [Anti Money Laundering Council] Bank Inquiry Report, and testimonies of witnesses. Moreover, the DDRs may be considered as secondary evidence, as it is undisputed that the originals exist, but were shredded upon the instructions of Napoles and cannot be produced in court. Since Estrada is the party alleging forgery, he has the burden of proof to establish his case by preponderance of evidence," the Sandiganbayan said.

“In total, the court is convinced that the plaintiff clearly proved that Estrada's PDAF was systematically pocketed, was divided among the accused, and nothing went to the supposed beneficiaries of the PDAF-funded agricultural and livelihood programs.  Wherefore, in view of the foregoing, this Court resolves as follows: Demurrer to Evidence for Senator Jose 'Jinggoy' P. Ejercito Estrada filed on February 22, 2024, and Motion to Dismiss and Supplement to Demurrer to Evidence filed on September 19, 2024, of accused Jose 'Jinggoy' P. Ejercito Estrada, are denied,” the Sandiganbayan added.

'Saddened'

In a statement, Estrada expressed disappointment over the ruling. 

“I am saddened by this turn of events, considering that the Sandiganbayan has already upheld its earlier ruling clearing my name of any involvement in the alleged misuse of Priority Development Assistance Fund (PDAF) allocations. While this may be a setback in my continuing quest to prove my innocence of the charges, nothing bars me from exercising my right to exhaust all legal remedies, including the filing of a motion for reconsideration with the anti-graft court, as I continue to have faith in the fairness of our justice system,” he said.

“I know that, in the end, the truth will be on my side. Despite these legal challenges, I am duty-bound to continue performing my functions as a Senator of the Republic, and I will do so until I see the end of this legal battle.” — with Vince Angelo Ferreras/BM, GMA Integrated News