Sandigan allows opening of Luy bank accounts

MANILA, Philippines - The Sandiganbayan has allowed with finality the opening of the bank accounts of pork barrel scam whistle-blower Benhur Luy insofar as the plunder case against Sen. Jinggoy Estrada is concerned.

In a ruling denying the prosecution’s motion for reconsideration of an earlier ruling, the anti-graft court’s Fifth Division maintained that money and other assets belonging to the prosecution witness who, in his affidavits and testimony admitted participation and financially benefiting from the scheme, should be scrutinized.

The Sandiganbayan said Luy’s bank accounts, travel records, real property records and even vehicle ownership records, as well as those of fellow whistle-blowers Marina Sula and Merlina Suñas, should be subpoenaed as requested by alleged pork barrel fund scam mastermind Janet Lim-Napoles.

Ombudsman lawyers tried to stop the Fifth Division from proceeding with such action through a motion to quash that involved the Bank Secrecy Law among others, and stressing that the whistle-blowers are not the accused in the case.

Fifth Division magistrates, however, ruled in favor of Napoles’ motion, whose camp seeks to prove that money from the pork barrel scam went to Luy and other prosecution witnesses who were the presidents of bogus nongovernment organizations to which priority development assistance fund (PDAF) of lawmakers were released by the implementing government agencies.

“We agree with the prosecution that the depositors-witnesses are not the accused in the instant case. We, however, find that the monies of the depositors-witnesses in the bank accounts subject of the subpoena can be considered as subject matter of the litigation,” magistrates handling the Estrada plunder case said.

Luy, Suna and Sunas supposedly maintained multiple bank accounts with the Bank of the Philippine Islands, Metrobank, United Coconut Planters Bank, Banco De Oro, Land Bank of the Philippines, Philippine Savings Bank and Citibank.

The Fifth Division, chaired by Associate Justice Rolando Jurado with Associate Justices Alexander Gesmundo and Ma. Theresa Dolores Gomez-Estoesta as members, made a different decision from the Sandiganbayan First and Third Divisions, which did not allow scrutiny of the whistle-blower’s bank accounts.

Different divisions of the Sandiganbayan act independently of each other.

The plunder case against Senator Ramon Revilla Jr. is with the First Division while that of Senate Minority Floor Leader Juan Ponce Enrile is with the Third Division.