Revilla seeks SC TRO on plunder charge

By: Christine O. Avendaño - 11 years ago

Sen. Ramon “Bong” Revilla Jr. INQUIRER.net FILE PHOTO

MANILA, Philippines— Senator Ramon Revilla Jr. has asked the Supreme Court to stop the Ombudsman from further acting on the plunder case against him as he questioned its resolution last week approving his indictment in connection with the alleged misuse of his Priority Development Assistance Fund (PDAF), also known as pork barrel funds.

Revilla said the Ombudsman resolution finding probable cause to indict him as well as Senators Juan Ponce Enrile and Jose “Jinggoy” Estrada for plunder before the Sandiganbayan was issued even as the high court had already scheduled oral arguments for April 22 on his petition seeking to stop the same office from proceeding with his plunder case.

The senator, who is on a two-week trip to the Holy Land with his family, filed last April 3 an urgent motion to resolve his earlier petition for certiorari and prohibition with application for temporary restraining order (TRO) and/or writ of preliminary injunction (WPI).

“There is urgent and permanent necessity for the issuance of a TRO to prevent grave and irreparable injury arising from vexatious prosecution in view of apparent undue haste in the Ombudsman’s finding probable cause against Senator Revilla. More importantly, without a TRO and WPI from the Honorable Court, in all likelihood these certiorari and prohibition proceedings will be rendered moot and academic and any judgment rendered by the Honorable Court will be rendered ineffectual,” Revilla said in his 10-page petition.

The high court is likely to take up Revilla’s latest petition when it holds its en banc meeting on Tuesday, in Baguio where it is now based for its annual summer session.

Earlier, Justice Secretary Leila de Lima said there was no legal obstacle for the Ombudsman to issue the resolution because the high court did not issue any TRO on Revilla’s petition.

De Lima said that the high court had enough time to issue a TRO if it were convinced that it should stop the Ombudsman from proceeding with its investigation.

Still, De Lima said this was for the high court to determine.

The high court merely noted Revilla’s March 10 petition which had sought for a TRO and/or writ of preliminary injunction. It also asked the Ombudsman to comment on Revilla’s petition as it set oral arguments on it initially by the third high court division on April 1 but moved it to April 22 with the full court deliberating on it.

Revilla sought the high court’s intervention on the Jan. 28 and March 3 orders of the Ombudsman, denying his bid to suspend proceedings on his plunder case because he had filed a civil complaint also in connection with the PDAF before a regional trial court in his home town in Bacoor City, Cavite.

In his latest urgent motion to the high court, Revilla said his right to be informed of the charges against him and the right to rebut the charges against him had been violated by the Ombudsman’s latest resolution.

“The forthwith issuance of an injunctive relief is therefore warranted and urgently required, not only to shield Senator Revilla from the strains of litigation, but more importantly, to protect him from a tarnished reputation which often results from a criminal prosecution,” his petition said.

Revilla sought for the TRO and/or WPI in order to preserve the status quo as well as prevent his case to be rendered moot and academic following the issuance of the Ombudsman’s resolution.

Revilla is accused of pocketing P224.5 million in kickbacks from businesswoman and alleged pork barrel scam mastermind Janet Lim-Napoles which created fake nongovernmental organization in getting his pork barrel entitlements.