Sandigan raffles off cases to 3 divisions

MANILA, Philippines - Consolidating a total of 45 cases into three based on one principal accused and their respective co-accused, the Sandiganbayan raffled off the plunder and graft complaints against Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon Revilla Jr. to separate divisions of the anti-graft court yesterday morning.

Enrile’s 16 cases – one plunder and 15 graft – where he and other respondents are accused of pocketing P172 million in pork barrel fund kickbacks or commissions went to the Third Division chaired by Presiding Justice Amparo Cabotaje-Tang with Associate Justices Samuel Martires and Alex Quiroz as members.

Estrada’s 12 cases – one plunder and 11 graft – where he and fellow respondents are accused of stealing P183 million, went to the Fifth Division chaired by Associate Justice Roland Jurado with Associate Justices Alexander Gesmundo and a magistrate to be borrowed from other divisions of the court because of vacancy of the position.

Revilla’s 17 cases – one plunder and 16 graft – where he is accused of pocketing P242 million went to the First Division chaired by Associate Justice Efren de la Cruz with Associate Justices Rodolfo Ponferrada and Rafael Lagos as members.

Since suspected pork barrel fund scam operator Janet Lim-Napoles is a respondent in all the cases filed against the lawmakers, she will face charges and/or trial in all three courts.

The raffle, conducted by a committee composed of the chairpersons of each Sandiganbayan division except for Associate Justice Gregory Ong who has officially inhibited from handling pork barrel fund scam-related cases, was officiated by Associate Justice Oscar Herrera Jr.

Tang was asked to draw a marked marble from a container similar to that used for bingo games, and was obviously not that happy to pick her division’s number as shown by the expression on her face.

“We will treat them just like the regular cases,” Tang told reporters after the raffle when asked how the Sandiganbayan plans to handle the plunder and graft complaints related to the alleged misuse of the Priority Development Assistance Fund (PDAF) anomaly.

Tang explained all the anti-graft court has been doing “is to respond to the call to speed up the resolution of all cases, not just these cases but all the pending cases already filed with the court.”

Asked why the three plunder cases and 42 graft cases were joined to form only three criminal complaints, she explained, “They are related cases, that’s why we decided to have them consolidated.”

Some Sandiganbayan officials and defense counsels observed the raffle procedure, including lawyer Jose Flaminiano who will be representing Estrada.

In an interview, Flaminiano said motions for judicial determination of probable cause like what they have already filed with the court is for the purpose of issuance of warrants of arrest.

“He stated several times, he is not going to leave the country, he is going to face the charges, considering that he has not committed any wrongdoing,” Flaminiano told reporters when asked how his client Estrada is doing.

“We believe in the integrity and impartiality of the justices of the Sandiganbayan,” he said.

Renato Bocar, the anti-graft court’s executive clerk and spokesman, said records of the cases, including criminal complaints, will be forwarded to the respective Sandiganbayan divisions.

With or without a motion for judicial determination of probable cause, Bocar said the magistrates will now review the charges for a period of 10 days and determine if there is really enough basis to proceed and issue warrants of arrest along with hold departure orders.

‘National magnitude’

On the other hand, the Supreme Court will still decide on the request of the Office of the Ombudsman to create special divisions to handle the cases.

“The raffle is without prejudice to any action the SC may take on the request,” SC spokesman Theodore Te said.

Te stressed the high court would resolve the issue of whether there is a need to create special divisions in the anti-graft court, considering it already directed all parties concerned in the cases to comment on the request.

Should the high tribunal decide to grant the request, Te said the cases against Napoles and the three senators would be transferred to the special divisions from the regular divisions they were assigned to during raffle yesterday.

Last week, the ombudsman asked the SC to create at least two special divisions in the anti-graft court, citing the “national magnitude of these cases, the complexities of the issues involved, the number of accused and the far-reaching consequences of these cases.”

Ombudsman Conchita Carpio-Morales, a retired justice of the SC, cited Article VIII Section 5 of the Constitution, which indicates that the Supreme Court has the power to “promulgate rules concerning pleading, practice and procedure in all courts.”

She said Section 3, Rule III, Part I of the Revised Internal Rules of the Sandiganbayan also provides for the creation of a special division “where compelling reasons and the interest of justice so require.”

The high tribunal opted to first seek comments from the Sandiganbayan and parties in the plunder and other cases filed by the ombudsman last week before deciding on the request.

The parties include the office of the Special Prosecutor of the Ombudsman, which will handle the cases, and the camps of the accused.

Most justices of the anti-graft court, however, see no need for the creation of special divisions, according to reports.

The last time a special division of the anti-graft court was created was in January 2002 when former President and now Manila Mayor Joseph Estrada was indicted for plunder. Jinggoy Estrada was also an accused in that plunder case involving proceeds from the illegal numbers game jueteng but he was acquitted.

 Lawmakers, meanwhile, urged President Aquino to order the Department of Justice to expedite the resolution of pending complaints against his allies also involved in the pork barrel fund scam.

“There is an obvious campaign of political prosecution against former members and allies of the previous administration. Let it be said that this administration that espouses the righteous path will not just persecute those who are oppositors to this administration,” Leyte Rep. Ferdinand Martin Romualdez said.

 Romualdez shared the observation of the Integrated Bar of the Philippines on the seeming pattern to persecute the perceived political critics of the government.

 Parañaque City Rep. Gustavo Tambunting said he is giving the government the benefit of the doubt, saying it is too early to say the charges against the opposition senators are political persecution.

“If the government doesn’t pursue cases against their allies where there is sufficient evidence, it might end up as political persecution,” he said. – Edu Punay, Paolo Romero