Senator Jose “Jinggoy” Estrada INQUIRER.net
MANILA, Philippines—The Office of the Ombudsman (OMB) has denied motions from Senator Jinggoy Estrada and Lucila “Gigi’’ Reyes for access to evidence and statements submitted by other respondents in the plunder case filed by the National Bureau of Investigation in connection with the P10-billion pork barrel scam, according to official documents obtained by Inquirer.
Estrada and Reyes asked the OMB separately to provide them copies of sworn statements and other documents submitted by other personalities implicated in the alleged misuse of the Priority Development Assistance Fund (PDAF).
On March 27, the two motions were denied by the Special Panel of Investigators in a resolution signed by M. A. Christian O. Uy, a graft investigation and prosecution officer.
“Under the Rules of Procedure of the Ombudsman, the respondents are only required to furnish their counter-affidavits and controverting evidence to the complainant, and not to other respondents,” the two identical OMB orders said.
Jessica “Gigi” Reyes INQUIRER FILE PHOTO
The Ombudsman said that they were required to furnish respondents only a copy of the complaint and its supporting affidavits and documents.
It added that OMB had complied with this requirement when it furnished respondents documents attached to its order to file their counter affidavits dated Nov. 19 and 29, 2013.
“There is no provision under the OMB Rules of Procedures, which entitles respondents to be furnished filings by other parties, including the other respondents,’’ OMB said.
Though represented by different law firms, Estrada and Reyes had filed similar motions to be furnished of copies of counter-affidavits of other respondents, affidavits of new witnesses and all other evidence submitted to the OMB Special Panel of Investigators.
Estrada, through the law firm Flaminiano, Arroyo and Duenas filed the petition on March 20, asking to be furnished affidavits, pleadings, counter-affidavits of witnesses or complainants presented to the OMB after he had submitted his counter affidavit on January 9.
Estrada specifically asked that he be furnished copies of the affidavits of his confessed bagwoman, Ruby Tuason, Technology Resource Center deputy director general Dennis Cunanan, National Livelihood Development Center president Gondelina Amata and Department of Budget Undersecretary Mario Relampagos.
Reyes, in a petition filed by lawyers from Diaz Del Rosario and Associates, requested that she be furnished a copy of Tuason’s sworn affidavit and the transcript of her testimony at a clarificatory hearing and documents she submitted during the hearing.
Both Estrada and Reyes argued that they should be given copies of the documents as part of due process.
On March 28, the OMB Special Panel announced that there was sufficient evidence to indict Estrada and Reyes on a charge of plunder in connection with the P10-billion pork barrel racket.
The OMB special panel also recommended the indictment of Reyes’ boss, Sen. Juan Ponce Enrile, along with Sen. Bong Revilla, detained businesswoman Janet Lim-Napoles and several others.
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