THE Sandiganbayan has denied separate demurrers to evidence filed by Sen. Jose “Jinggoy” Estrada and former Technology Resource Center (TRC) director general Dennis Cunanan seeking the dismissal of 11 graft charges filed against them in connection with the Priority Development Assistance Fund (PDAF) or pork barrel fund scam.
After reviewing all the evidence, the anti-graft court’s Fifth Division said it is convinced that the prosecution sufficiently established that Estrada’s P262 million PDAF allocations were stolen, that not a single centavo went to livelihood projects and assistance to farmers, and that convicted plunderer Janet Napoles paid millions to the senator for funneling public funds into her bogus foundations.
“In total, the Court is convinced that the plaintiff clearly proved that Estrada’s PDAF was systematically pocketed, was divided among the accused, and nothing went to the beneficiaries of the PDAF-funded agricultural and livelihood programs. It also demonstrated how Estrada received kickbacks from Napoles,” the Sandiganbayan declared.
Likewise, it found evidence that Cunanan was personally involved in the release of P22.5 million from Estrada’s PDAF to Napoles’ non-government organizations (NGOs), Social Development Program for Farmers Foundation Inc. (SDPFFI) and Masaganang Ani para sa Magsasaka Foundation Inc. (MAMFI) in 2008 and 2009.
“Records of the case revealed that Cunanan, as a TRC official, performed various irregular acts by facilitating and processing DVs (disbursement vouchers) …which resulted in the illegal disbursement of P22,500,000 out of P25 million PDAF of Estrada …issued in favor of Napoles’ SDPFFI,” it pointed out.
The 99-page per curiam resolution (issued by the court as a whole without attribution of ponencia) was signed by Associate Justices Zaldy V. Trespeses, Maryan E. Corpus-Mañalac, and Maria Theresa V. Mendoza-Arcega.
Justices Corpus-Mañalac and Mendoza-Arcega had previously acquitted Estrada of a related plunder charge on January 22, 2024 on the ground of reasonable doubt.
The third member of the court, Associate Justice and Division chairperson Rafael Lagos, who also voted to acquit, retired on December 22, 2024 and was replaced by Associate Justice Trespeses.
In arriving at its conclusions, the court gave weight to the findings of the Commission on Audit in its Special Audit Report No. 2013-03 covering the PDAF transactions of lawmakers from 2007 to 2009.
It noted the audit findings that Estrada’s PDAF was released to TRC as the supposed implementing agency (IA) but the government-owned or controlled corporation merely deducted “management fees” equivalent to five percent of the PDAF before transferring the balance to the private foundations of Napoles.
“In all the SAROs (special allotment release order) involved, the COA observed that Estrada, who had control in the selection of his priority projects and programs, exceeded his authority and his letters to the IAs to implement his PDAF projects were tainted with irregularities,” the court noted.
It added that based on the investigations by the COA auditors, the NGOs were not properly accredited, had no financial capacity to undertake multi-million-peso government projects, and the suppliers had no license to operate, had expired licenses, and submitted addresses that could not be located.
However, the Sandiganbayan granted the demurrers to evidence of former Budget Undersecretary Mario Relampagos, and Department of Budget and Management staff Marilou Bare, Rosario Nuñez, and Lalaine Paule, citing insufficiency of evidence to establish their guilt in any of the graft cases.
The grant of a demurrer to evidence has the effect of an outright acquittal since it requires a ruling on the entirety of the prosecution’s evidence.
But since Relampagos jumped bail in 2017 after being granted leave to travel to the United States, the court ordered the forfeiture of his bail bonds totaling P165,000 and his travel bond amounting to P82,000.
The court likewise ordered the lifting of Hold Departure Orders against the four DBM officers.
