THE Sandiganbayan has thrown out the motion for reconsideration filed by government prosecutors seeking the reinstatement of its January 19, 2024 decision that acquitted Sen. Jose “Jinggoy” Estrada of the P183 million plunder case but convicted him of direct bribery and two counts of indirect bribery in connection with the Priority Development Assistance Fund (PDAF) scam.
In an eight-page resolution penned by Associate Justice Maria Theresa V. Mendoza-Arcega, the Fifth Division held that the prosecution’s bid to reverse the acquittal is barred by the rules against double jeopardy.
Estrada said the Sandiganbayan decision reaffirmed that the charges against him were baseless.
In a statement, Estrada said he expected the Sandiganbayan’s decision since its earlier ruling said the charges were without merit or baseless.
“Patunay lamang ito ng matagal ko nang pinaghahawakan – ang kawalan ng basehan ng mga paratang laban sa akin—hindi ko ginamit ang pondo ng bayan para sa pansariling kapakinabangan o pagtakpan ang anumang gawain na labag sa batas (This is proof of what I have been holding on to – that the charges against me are baseless – I did not use public funds for my own interest or to cover up anything that is against the law),” Estrada said.
“This vindication allows me to fully concentrate on the mandate entrusted to me by more than 15 million Filipino voters and move forward with crafting more meaningful legislation,” he added.
In the January 19 ruling, the court sentenced Estrada to eight to nine years imprisonment for direct bribery and fined P3 million. For the two counts of indirect bribery, he was meted a total of four to seven years with perpetual special disqualification from the right to suffrage.
On the other hand, his co-accused, Janet Lim Napoles, was found guilty of five counts of corruption of public officials and sentenced to eight to ten years in jail for each count. In addition, the court piled on two more convictions for corruption of public officials with lower penalties of two to four years and nine months.
Napoles was also fined P29,625,000 and ordered to pay the Republic of the Philippines indemnity amounting to P262,034,000.
However, the Sandiganbayan Fifth Division reversed the said decision in a ruling issued on August 22, 2024 and set aside Estrada’s conviction on one count of direct bribery and two counts of bribery in the absence of proof that the supposed bribe money given to his staff, Pauline Therese Labayen, found its way to his hands.
Reviewing the prosecution evidence, the court noted that the testimony of principal state witness Benhur Luy only went so far as to identify Labayen as the one who received the cash but fell short of establishing whether the money was eventually delivered to Estrada.
In the case of Napoles, however, the Sandiganbayan only reconsidered one count of corruption of public officials but affirmed the four other guilty verdicts, the fines, and the indemnity cost.
In assailing the August 22, 2024 resolution, the prosecution insisted that the court erred in holding that the offense of indirect bribery is not included in the information for plunder.
The court pointed out that the issue being raised by the prosecution was “already discussed rigorously” and does not stand to be belabored any further.
“The instant motion seeks to revisit the factual findings of Estrada’s acquittal that would place the latter in double jeopardy. His acquittal cannot be assailed under the guise of a motion for reconsideration as the first jeopardy has already (been) attached,” the Sandiganbayan declared. – With Raymond Africa
