Sandiganbayan denies Estrada鈥檚 demurrer to evidence in pork barrel case
Senate President Pro-Tempore Jinggoy Estrada during the weekly Kapihan sa Senado forum on June 4, 2024. 黑料社 file photo / NOY MORCOSO
MANILA, Philippines — The Sandiganbayan has denied the demurrer to evidence filed by Senate President Pro Tempore Jinggoy Estrada, seeking to dismiss the graft charges lodged against him in connection with the pork barrel scam.
According to Section 23 of the Revised Rules of Criminal Procedure, a demurrer to evidence is the power of the court to dismiss the case due to lack of sufficient evidence from the prosecution after they rest their case.
In a resolution dated March 26 this year, the anti-graft court’s Special Firth Division denied Estrada’s demurrer to evidence and motion to dismiss and supplement to demurrer to evidence, which he filed on February 22, 2024, and September 19, 2024, respectively.
It also denied the demurrer to evidence filed by former Technology Resource Center Deputy Director-General Dennis Cunanan in February 2024.
In his demurrer to evidence, Estrada alleged the prosecution “failed to prove beyond reasonable doubt that he violated Section 3 (e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) or that he conspired with the other accused to violate Section 3(e).”
Estrada likewise claimed that the complainant did not “submit evidence of any communication and/or meeting between him, Janet Lim Napoles, and John Raymund De Asis,” with respect to the subject SAROs (special allotment release order), among others.
The senator also said the daily disbursement reports (DDRs) of Benhur Luy — the principal whistleblower in the pork barrel scam —“are unreliable as they are mere printouts and can nowadays be easily manufactured.”
However, the Sandiganbayan said it was “not persuaded.”
On the other hand, the Sandiganbayan has granted the demurrer to evidence lodged by former Budget Undersecretary Mario Relampagos and three of his staff — Marilou Dialino Bare, Rosario Salamida Nuñez, and Lalaine Narag Paule — dismissing the cases against them for “insufficiency of evidence.”
The anti-graft court also lifted the hold departure orders issued against Relampagos, Bare, Nuñez, and Paule. It also ordered the cancellation and return of cash bonds posted by Bare, Nuñez, and Paule.
However, the Sandiganbayan said Relampagos “violated the conditions of his bonds” he posted, totaling P247,500. These “are forfeited in favor of the government,” the court said.
In November 2024, the anti-graft court upheld its decision to clear Estrada of one count of direct bribery and two counts of indirect bribery in connection with the pork barrel scam.
On August 22, 2024, the Sandiganbayan reversed its decision convicting Estrada of one count of direct bribery and two counts of indirect bribery.
To recall, Estrada and businesswoman Janet Lim-Napoles were acquitted of plunder on January 19, 2024.
The plunder case against them stemmed from transferring Estrada’s Priority Development Assistance Fund, or pork barrel, to alleged bogus non-government organizations owned by Napoles.
Estrada was charged with plunder for allegedly receiving kickbacks worth P55.79 million from Napoles.
The prosecution accused him of accumulating ill-gotten wealth after he allegedly gained P55.79 million from the scheme, aside from being “an active participant in the conspiracy to commit plunder.”
