MANILA, Philippines - Detained Sen. Jinggoy Estrada hopes that he would not be denied his right to a speedy trial following the inhibition of the three Sandiganbayan justices hearing the plunder case against him.
In a statement from his detention center in Camp Crame, Estrada said he hopes no political pressure prompted the three justices to seek recusal in the plunder and graft charges against him.
“I am surprised by the sudden and unexpected turn of events,” he said. “I hope that this development will not result to further delay in the resolution of my case, especially the bail proceedings.”
Estrada said he and his lawyers will remain prepared for the scheduled trial for bail hearings.
“Should their request for recusal be granted, we will await the formal announcement on which division the case will be transferred and will just prepare for the next bail hearing scheduled on Jan. 12,” he said.
“Lastly, I sincerely hope that this is not a product of political maneuverings from outside forces in an effort to influence the PDAF cases.”
Associate Justices Roland Jurado, Alexander Gesmundo and Ma. Theresa Dolores Gomez-Estoesta, all members of the Sandiganbayan Fifth Division, informed Presiding Justice Amparo Cabotaje-Tang of their decision in a letter. They cited personal reasons.
The anti-graft court’s decision on pending motions of Estrada will have to be put on hold, including his motions for bail and to compel the Anti-Money Laundering Council (AMLC) to bare the bank accounts and financial records of pork barrel fund of Benhur Luy and other whistle-blowers.
Estrada’s request for a Christmas and New Year furlough, filed last Friday, will not be acted upon, according to Fifth Division clerk of court Ma. Teresa Pabulayan.
Sandiganbayan executive clerk of court Renato Bocar said Tang or the Sandiganbayan as a whole did not have the authority to deny the request for inhibition of Jurado, Gesmundo and Estoesta.
Based on the Rules of Court, justices can inhibit from a case “on just and valid grounds or compelling reasons,” including personal reasons, he added.
Only the Supreme Court (SC) can compel the three justices to explain their “personal reasons” to inhibit, Bocar said.
Speaking to reporters, Presidential Communications Operations Office Secretary Herminio Coloma Jr. said Malacañang did not exert any pressure on the three Sandiganbayan justices to deny the bail petition of Estrada.
The allegations are baseless and untrue, he added.
Coloma said the judiciary has its own policies and rules on inhibitions, and that only the SC could make them explain their reasons for giving up jurisdiction over a case.
“What is important for the executive is to ensure that the prosecution will not be delayed and justice will prevail,” he said.
“And I think they have now entered the period of recess, they have no more en banc meeting at the Sandiganbayan until next year. That’s why we can’t say there is already a delay.”
Coloma said it is not true that the Bureau of Internal Revenue (BIR) is exerting undue pressure on the justices to submit their statements of assets, liabilities and net worth.
“And as a separate and co-equal branch of government, we respect the judicial processes,” he said.
Isabela Rep. Rodolfo Albano III has urged the three members of the Fifth Division to explain their reasons for inhibiting from the plunder and graft cases of Estrada.
“They owe it to the public and to their institution to disclose their reasons why they now don’t want to touch the charges against Sen. Estrada, on which they have been conducting hearings for several months,” he said. – With Aurea Calica, Jess Diaz