Jinggoy again asks Supreme Court to dismiss 'pork' charges

MANILA, Philippines — Former Sen. Jinggoy Estrada has again sought the dismissal of his plunder and graft cases in connection with his alleged involvement in the multibillion-peso pork barrel fund scam.

In his nine-page “Second Supplement to the Petition for Certiorari” filed before the Supreme Court, Estrada urged the high tribunal to nullify Office of the Ombudsman's two resolutions in 2014 finding probable cause to charge him with plunder and graft before the Sandiganbayan in connection with the pork scam.

Estrada maintains that he was a victim of the ombudsman's selective justice and “political persecution” for being a member of the opposition during the administration of then President Benigno Aquino III.

“Wherefore, petitioner Senator Jinggoy Ejercito Estrada respectfully reiterates his prayer that this Honorable Court render judgement (a) declaring Senator Estrada as having been denied due process of law and equal protection of the laws and, as a consequence thereof, (b) declaring null and void and setting aside the challenged (Ombudsman's) Joint Resolution and Joint Order dated 28 March 2014 and 04 June 2014,” Estrada prayed in his supplemental paper.

Estrada further prayed that “all orders, resolutions, or other papers, issued, promulgated or filed as a result of the challenged [ombudsman] issuances" likewise be voided, nullified and set aside.

It can be remembered that the ombudsman, in its March 28, 2014 resolution, ruled that there is probable cause to file plunder and graft cases against Estrada as well as against then senators Ramon “Bong” Revilla Jr. and Juan Ponce Enrile.

The ombudsman affirmed its ruling in a Joint Order promulgated on June 4, 2014. And, in the same month, proceeded with the filing of the cases against the three senators at the Sandiganbayan.

Specifically, Estrada was charged with plunder and 11 counts of graft for allegedly amassing of P183-million worth of kickbacks by allocating portions of his Priority Development Assistance Fund (PDAF) or pork barrel to bogus foundations supposedly owned by the alleged pork scam mastermind Janet Lim-Napoles.

Estrada challenged the ombudsman's decision before the SC through a petition for certiorari which he filed on June 20, 2014. The petition remains pending with the SC En Banc.

In his supplemental paper, Estrada maintained that the previous administration's Office of the President, Department of Justice (DOJ) and the ombudsman “intentionally refrained” from investigating or filing complaints against other officials and lawmakers mentioned in the Commission on Audit's special audit report on PDAF “as they are political allies of the administration at that time”.

The COA special report, together with the affidavits of pork scam whistleblowers Benhur Luy, Marina Sula and Merlina Suñas were heavily cited by the ombudsman in its two resolutions ordering the indictment of Estrada, Revilla and Enrile.

NBI agent's testimony

Estrada also cited in his supplemental paper the testimony of a National Bureau of Investigation (NBI) agent during the hearing of his graft cases at the Sandiganbayan on November 20 last year.

During the hearing, prosecution witness Rodante Berou, chief of the NBI Special Operations Group, admitted that though there were several names mentioned in the COA special report, his team was instructed by then Justice Secretary Leila De Lima, now a senator and in detention on drug-related charges, to focus only on legislators “who transacted with Mrs. Napoles”.

Based on the court's transcript of the stenographic notes (TSN) of the hearing, Berou further testified that after filing three batches of “pork” cases before the ombudsman, “the management of the NBI stopped us from investigating the other PDAF [transactions], not only Napoles, but other non-Napoles legislators”.

Estrada said Berou's admission was a proof that the investigation on his alleged involvement in the pork scam was treated by the DOJ and the ombudsman with an “evil eye and an uneven hand, which constitutes a violation of the guarantee of equal protection of the laws” provided in the Constitution.

“The testimony of NBI Agent Berou removes any and all doubt that the discrimination against Sen. Estrada was deliberate, malicious and politically motivated,” Estrada said.

The Sandiganbayan Fifth Division, had earlier denied “for lack of merit” Estrada's prayer for the dismissal of his plunder and graft cases. The court, nonetheless, allowed him to post bail in September last year after more than three years of being detained at the Philippine National Police Custodial Center in Camp Crame, Quezon City.

The Fifth Division granted Estrada's prayer to post bail on the ground of the supposed lack of evidence from the prosecution showing that he is the “main plunderer” in the case.