Jinggoy asks Sandigan to nullify Luy’s immunity from prosecution

MANILA, Philippines - Sen. Jinggoy Estrada wants Benhur Luy stripped of his immunity from prosecution that the Office of the Ombudsman had granted.

In a motion, Estrada asked the Sandiganbayan Fifth Division to void the immunity from prosecution of   the former finance officer of Janet Lim-Napoles.

The anti-graft court can overturn the Office of the Ombudsman’s power to grant immunity, which is not absolute, he added.

Estrada said Luy is one of the most guilty among his co-accused since he had admitted deep involvement in the misuse of public funds, and therefore he should not enjoy immunity from criminal prosecution.

“In the case of Mr. Luy, his elevated position in both JLN Corporation and SDPFFI and his active and pervasive participation in the crime supposedly committed in the instant case afford no conclusion other than that Mr. Luy appears to be among the most guilty of the supposed crime charged in the instant case,” read Estrada’s motion.

Estrada said the participation of the prosecution witness in the Priority Development Assistance Fund (PDAF) scam covers all aspects of the crime charged, from organizing the NGOs, to coordinating with implementing agencies, dealing with middlemen, falsification of documents, and disbursements of funds to legislators.

“His attempts at passing off responsibility for the crimes he had admitted having committed, by trying to limit his participation therein, is devoid of credibility and wholly unworthy of belief,” read Estrada’s motion.

Defense lawyers said the immunity granted to Luy under Section 17 of Republic Act 6770, the Ombudsman Act, states that immunity can only be granted to someone who does not appear to be the most guilty and the Rules of Court must be considered in the grant of such.

“It is clear from the above provision that the power and authority of the Office of the Ombudsman to grant immunity from criminal prosecution is not unfettered or without limit,” they said.

Previous prosecution witnesses testified during bail hearings on  documents showing that Luy had received and took possession of PDAF funds, they added.

“It has been held that the exercise of the Office of the Ombudsman of its power to grant immunity to a participant to a crime it intends to present as a witness is not absolute and is subject to judicial review,” they said.

“In fact, it was noted in one case that, unlike the power of the Presidential Commission on Good Government (PCGG), the power to grant immunity such as that of the Office of the Ombudsman cannot be exercised alone and on its own authority, referring to judicial oversight.” 

Luy is a prosecution witness at the Sandiganbayan First, Third and Fifth Divisions where Sen. Ramon Revilla Jr., Senate Minority Leader Juan Ponce Enrile, and Estrada are facing plunder charges.