MANILA, Philippines - The lawyers of Sen. Jinggoy Estrada have asked the Sandiganbayan to disqualify Justice Undersecretary Jose Justiniano from participating in the bail hearing of the legislator.
During the continuation of the bail petition proceedings, Estrada's legal counsels opposed to Justiniano from conducting direct examination on the second prosecution witness, Director Carmencita Delantar of the Department of Budget and Management.
Estrada's camp insisted that Justianiano's participation in the court proceedings for the prosecution will be a conflict of interest.
To avoid delaying the proceedings, Justiniano turned over the direct examination chore to another prosecutor while waiting for a resolution of the anti-graft court's 5th Division on the defense panel's motion.
Justiniano later told reporters that there is no conflict of interest as he is also with the government, getting no extra pay for his services.
"I'm just getting my salary from the Department of Justice...I'm only deputized here...under the supervision of the Office of the Special Prosecutor," he said.
During the direct examination, Delantar identified 10 Special Allotment Release Orders (SAROs) issued by the DBM upon the request of Estrada from Sept. 20,2007 to Aug. 19, 2009.
The SAROs were issued to allegedly fund livelihood program of the non- government organization, Masaganang Ani para sa Magsasaka Foundation Inc. (MAMFI).
The defense will conduct the cross examination on Delantar next week.
Estrada is facing plunder and 11 counts of graft in connection with the P10-billion pork barrel scam allegedly masterminded by businesswoman Janet Napoles.