Sandiganbayan allows Estrada, Napoles to file plea to dismiss plunder case
MANILA, Philippines — The Sandiganbayan has allowed senatorial candidate Jinggoy Estrada and plunder convict Janet Napoles, believed to the brains behind the multibillion-peso "pork barrel" scam, to seek the dismissal of the plunder charge against them.
The STAR reported that the anti-graft court’s Fifth Division granted their motion to be allowed to file a demurrer.
Estrada and Napoles had to file for a motion for leave of court—a motion asking the court to deviate from an established rule or procedure—to be allowed to file for a demurrer.
JUST IN: Sandiganbayan 5th Division allows former senator Jinggoy Estrada & alleged pork scam mastermind Janet Lim-Napoles to seek the dismissal of their plunder case without presenting any counter-evidence. | @marcelo_beth pic.twitter.com/hAviKvhNWT
— The Philippine Star (@PhilippineStar) March 20, 2019
A demurrer is a pleading that challenges the sufficiency of the prosecution’s evidence against the accused. It paves the way for the dismissal of the case halfway through the trial, without the accused having to present their counter-evidence.
The report said that Estrada and Napoles were given 10 days to file their respective demurrers, while the prosecution was given 10 days to respond.
After the parties’ respective pleadings are filed, the demurrers are deemed submitted for resolution.
In a copy of the resolution posted by state-run PTV4, the court said: “After a meticulous examination of the totality of evidence presented by the prosecution, both testimonial and documentary, the Court resolves to grant the present motion of the accused, to sufficiently provide him an opportunity to challenge the sufficiency of the prosecution’s evidence establishing material elements o the offense charged to support a judgement of guilt.”
Estrada and Napoles are facing plunder and graft charges before the Sandiganbayan over their alleged involvement in the multibillion-peso pork barrel scam. Napoles was convicted in December for plunder in a separate case involving the PDAF allocations of former Sen. Ramon Revilla. Revilla was acquitted.
Estrada is accused of amassing P183-million worth of kickbacks for funnelling his Priority Development Assistance Fund to bogus non-government organizations linked to Napoles. Estrada had repeatedly denied having any transaction with Napoles concerning his PDAF.
Estrada is one of the senate candidates running under the administration-backed Hugpong ng Pagbabago slate. — Kristine Joy Patag with reports from The STAR/Elizabeth Marcelo
- Latest
- Trending
