JPE, Bong, Jinggoy at Sandigan: Charged with plunder

CEBU, Philippines - The Office of the Ombudsman yesterday proceeded with the filing of plunder and graft charges against  Senators Juan Ponce Enrile, Ramon Revilla Jr., and Jinggoy Estrada before the Sandiganbayan.

A handful of other respondents led by suspected pork barrel fund scam operator Janet Lim-Napoles are now facing criminal charges for alleged misuse of the Priority Development Assistance Fund of lawmakers.

The charges are expected to be raffled to Sandiganbayan divisions next week to determine which of the four of its five courts will handle the case. The anti-graft court’s Fourth Division headed by Associate Justice Gregory Ong has inhibited.

The filing of the criminal complaints came a day after the Office of the Ombudsman junked the motions for reconsiderations of Enrile, Revilla and Estrada and will proceed with the indictments.

Ombudsman Conchita Carpio Morales said the appeals filed by the lawmakers were mere rehashed arguments already ruled on and considered by the special panel of investigators during the preliminary investigation.

She also denied the requests for immunity of Napoles and three other respondents in the case including former Technology Resource Center head Dennis Cunanan but granted that of whistleblowers led by Benhur Luy who will act as state witness during trial.

After the cases are raffled to a Sandiganbayan division, the respective courts will look into the complaints and determine probable cause for the purpose of issuance of hold departure orders and warrants of arrest.

The Sandiganbayan conducts a raffle of cases every Friday morning and special raffles in the afternoon if necessary or if requested by the Office of the Special Prosecutor, the prosecutorial arm of the Office of the Ombudsman.

During the preliminary investigation, Ombudsman investigators were able to find proof that Enrile, Revilla, and Estrada pocketed public funds by way of kickbacks or commissions in the amounts of P172 million, P242 million, and P183 million.

Plunder is a non-bailable offense which means that unless a petition for bail is filed and eventually granted, those charged will remain in detention while undergoing trial.

With the impending arrest of the three senators and the other accused in the case, Senate President Franklin Drilon said he is hoping the arrest will not occur within the Senate premises.

“I would request that they do not arrest the accused in the Senate… as a matter of institutional courtesy,” Drilon said in a briefing.

Drilon said he would file no formal request before the Sandiganbayan, but instead, talk to the sheriff or law enforcement officer serving the warrant when the time comes.

“They must be given respect because as you know, they are still innocent until proven guilty,” Drilon said in referring to the three senators.

Drilon said he would prefer the arrest made at the parking lot, outside the Senate’s gates, or even at their homes. This is out of respect for the Senate as an institution, he said.

Drilon explained the timeframe in pointing out that after charges have been filed before the Sandiganbayan against the three senators, this would be raffled among the different divisions of the anti-graft court.

“The justices in that division will now have to review the documents, the affidavits of the whistleblowers, and determine whether there is enough basis… for the warrant of arrest,” he said.

“The issuance of the warrant of arrest is not automatic. The judge will have to personally determine whether the evidence is enough.”

Once the warrant is served, there would be an automatic 90-day suspension for the senators.

However, this is not expected to affect the staff of said legislators’ offices, nor the committees they are participating in.

“There would be no reorganization in the committees… certainly, the Senate would be affected… but we will continue to function,” Drilon said.

After the 90-day suspension, the senators may still be unable to vote in hearings as they are presumed to be in detention, although they may “theoretically” file bills or sign committee reports, he said.

Drilon believes no senator would resist the arrest and he even advised them to “avail of the remedies” such as filing a petition for bail.

“If there’s any advice I could give them, it’s to just follow the process. There are remedies available. I don’t think they will resist the arrest and go into hiding,” he said.

Preparations are already being made for the impending arrest of the three senators, particularly on the facilities where they are supposed to be detained.

Malacañang, for its part, welcomed the filing of plunder and graft charges in the anti-graft court.

“It is a step forward in the determination of the truth which will be the basis for exacting accountability under our justice system,” deputy presidential spokesperson Abigail Valte said in a text message to reporters.

Valte also downplayed perceptions that Malacañang sanctioned the preparations for the imminent detention of the three senators. — Philippine STAR News Service