Sandiganbayan: ‘Pork’ suspects won’t be automatically arrested

By: Marc Jayson Cayabyab - 10 years ago

(From left) Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon Revilla Jr. INQUIRER FILE PHOTOS

MANILA, Philippines –The arrest of Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon Revilla Jr., accused in the pork barrel scam, would not happen automatically after their respective Sandiganbayan divisions had received their cases, an official said on Friday.

Sandiganbayan executive clerk of court Renato Bocar said it was not “automatic” that an arrest warrant may be issued within 10 days after the division received the documents related to the case.

“Hindi nangangahulugan na automatic ‘yun na within 10 days, magi-issue na ng warrant of arrest (It doesn’t mean that it is automatic to issue a warrant of arrest within 10 days),” Bocar said before the anti-graft court raffled off the cases to the respective courts.

He added that it might take the Sandiganbayan justices more than 10 days to study the case.

“Ngayon, dahil alam naman natin na ang mga dokumento at tsaka ebidensya na kasama dito sa mga kaso na ito ay medyo marami, at saka kumplikado ‘yung nature ng kaso, maaaring lumampas ng 10 araw ung pag-aaral ng mga justices at tsaka bago sila makapag-issue ng warrant of arrest, ” Bocar said.

(Now that we know the documents and the pieces of evidence which are too voluminous and that the case’s nature is complicated, it might take more than 10 days for the justices before they issue a warrant of arrest.)

Bocar added that court would need to resolve the respondents’ motions for determination of probable cause as well as for suspension of proceedings before they could issue a warrant

” Halimbawa sabihin ng hukuman na deny ‘yung motion for determination of probable cause, there being a finding of probable cause so therefore, let a warrant of arrest be issued,” Bocar said.

(For example, the court said the motion for probable determination of probable cause has been denied, there being a finding of probable cause, so therefore, let a warrant of arrest be issued.)

He added that the respondents cannot yet seek legal remedy in the Supreme Court because the Sandiganbayan has yet to rule on their motions.

Bocar also said he does not recall an instance when the high court issued a temporary restraining order (TRO) on an arrest warrant.

The criminal cases against Revilla, Estrada and Enrile on Friday were raffled off to the following Sandiganbayan courts:

Revilla with 17 cases including graft – Sandiganbayan first division

Estrada with 12 cases including graft – Sandiganbayan fifth division

Enrile with 16 cases including graft – Sandiganbayan third division

The anti-graft court consolidated the plunder and graft raps per accused senator because the cases are related, Presiding Justice Amparo Cabotaje-Tang said.

The Ombudsman has filed plunder and graft raps against the senators for their alleged involvement in the multibillion-peso racket of diverting public funds to ghost projects for kickbacks.

Also charged is alleged mastermind Janet Lim-Napoles, whose bogus organizations were allegedly used as dummy fronts for kickbacks.

Ombudsman said it found probable cause to indict Revilla with one count of plunder and 16 counts of graft; Enrile with one count of plunder and 15 counts of graft; and Estrada with one count of plunder and 11 counts of graft.

The anti-corruption agency said the senators’ following Priority Development Assistance Funds (PDAF) were “never used for the intended projects” – Revilla with P517 million PDAF, Enrile with P345 million PDAF, and Estrada with P278 million PDAF.

Other pork barrel scam players are also implicated in the plunder case. Enrile’s co-accused is Jessica Lucila “Gigi” Reyes, Estrada’s co-accused is Pauline Labayen, and Revilla’s co-accused is Richard Cambe. Co-accused for all three senators are Napoles and John Raymund De Asis. Co-accused for both Enrile and Revilla is Ronald John Lim.

Lim is Napoles’ nephew while De Asis is her long-time employee.

Meanwhile, the accused players in the graft case are: Cambe; De Asis; Mario Relampagos, Undersecretary for Operations in the Department of Budget and Management; Antonio Ortiz , former Director General, Technology Resource Center (TRC),Dennis Cunanan, Director General-on leave, TRC;
Francisco Figura, group manager, TRC; Ma. Rosalinda Lacsamana, group manager, TRC;
Marivic Jover, chief accountant, TRC; Myla Ogerio, Eulogio Rodriguez, Laarni Uy, Rosario Nuñez, Lalaine Paule and Marilou Bare.

The pork barrel scam in the form of PDAF has long been seen as a tool for political patronage and corruption.

The high court ruled the practice of allotting public funds to lawmakers to ease their constituencies’ poverty as unconstitutional at the height of the investigation on the scam.