Jinggoy runs to SC

MANILA, Philippines - Sen. Jinggoy Estrada is turning to the Supreme Court for help in stopping the filing of the non-bailable case of plunder before the Sandiganbayan against him for his alleged role in the multibillion-peso pork barrel scam.

In a 28-page petition filed yesterday through lawyers Paul Mar Arias and Sabino Acut Jr., Estrada asked the high court to nullify the joint resolution of the Office of the Ombudsman last month finding probable cause in the filing of plunder charges against him before the anti-graft court.

The senator also sought the issuance of a temporary restraining order (TRO) enjoining the ombudsman from proceeding with its issuance of a decision on his appeal against the joint resolution.

Estrada alleged that the ombudsman violated his constitutional right to due process when it rejected his request for copies of the affidavits and other documents used in the preliminary investigation.

“It has been held that when there is a statute providing for the right to a preliminary investigation, which also fixes the manner of conducting the same, the rights under such statute cannot be denied and the failure to comply with such statute constitutes a serious irregularity and an infringement of the constitutional guarantee of due process of law,” his petition read.

The senator said the ombudsman violated its own rules as well as the Rules of Court in denying him access to the records. The ombudsman’s action, he added, constituted grave abuse of discretion.

Among the documents Estrada wanted to have were the affidavits of new state witness Ruby Tuason and Technology Resource Center chief Dennis Cunanan, who is on extended leave.

Estrada also wanted copies of the counter-affidavits of National Livelihood Development Corp. president Gondelina Amata and Department of Budget and Management Undersecretary for operations Mario Relampagos, the consolidated reply of the National Bureau of Investigation (NBI), as well as the affidavits, counter-affidavits, pleadings and filings of the other respondents in the pork barrel scam case.

Estrada is one of three senators charged with plunder by the NBI before the ombudsman. The other two are Senators Ramon Revilla Jr. and Juan Ponce Enrile.

Estrada was accused of pocketing P183.79 million in kickbacks from projects bankrolled using his Priority Development Assistance Fund (PDAF).

Enrile and Revilla allegedly pocketed P172.8 million and P224.5 million in kickbacks, respectively, from anomalous projects.

In her “tell all” affidavit submitted to Justice Secretary Leila de Lima, alleged scam mastermind businesswoman Janet Lim-Napoles reportedly confirmed the participation of the three senators in the PDAF scam.

Revilla earlier filed a similar petition with the SC. The SC wants the ombudsman to comment on Revilla’s petition before it rules on his prayer for TRO.

His former chief of staff and co-respondent, lawyer Richard Cambe also sought relief from the SC earlier this week.

Estrada and Revilla have vehemently denied the charges, but Napoles had already spilled the beans on them and confessed to her role in helping the two senators skim millions of pesos from pork-funded projects.

Filing of charges imminent

Revilla, for his part, said he expects the filing of charges against him and the others linked to the PDAF scam within the next few days.

He said he received information that Malacañang was using its influence to fast-track the filing of the cases against them as De Lima continues to hold off release of a document in her possession purportedly containing the names of lawmakers and other individuals implicated in the pork scam by Napoles.

He was among the senators calling on Senate Blue Ribbon committee chairman Teofisto Guingona III to compel De Lima to release the list. Revilla said Guingona should quit his post as panel chairman if he fails to make the DOJ chief release the list.

“Because of my statement yesterday about compelling Secretary De Lima to reveal the list, I received information that the Palace wants to rush the filing of cases against us before the Sandiganbayan,” Revilla said.

He said that the cases are likely to be filed today, Friday or early next week and that issuance of warrants for their arrest would follow immediately. Revilla said he is ready to face arrest.

“As I was saying, they have been preparing our arrest since August. This I say: why not do it now if they really want us arrested? I’m ready. My family and I have been hurting much,” he said in Filipino.

“I’m leaving everything to God. My only wish is – please don’t drag my family into this,” he said.

He maintained that he was innocent of all the allegations against him and that he would fight to defend himself until the end.

“Every Filipino should know the truth, what is really happening in this country. Every public servant should have no reason to be afraid,” he said.

Revilla said he is absolutely in favor of total cleansing of government including the prosecution of those found involved in the PDAF and the Malampaya Fund scams.

He said making the list of legislators involved in the PDAF scam public would be a breakthrough in the government’s anti-corruption efforts.

“I challenge the President to be sincere. If you really want change, then release the list,” he said. with Marvin Sy