Senator Jinggoy Estrada. INQUIRER FILE PHOTO
MANILA, Philippines –Senator Jinggoy Estrada has appealed to the Sandiganbayan to dismiss the plunder case against him for lack of probable cause.
In a 38-page motion on the issue of probable cause, Estrada claimed that the ledger of principal whistleblower Benhur Luy did not establish that money was delivered to Estrada.
He added that the ledger has no probative value because it contains information supposedly relayed to him by alleged mastermind Janet Lim-Napoles.
The ledger was also based on Luy’s memory and thus the entries are “basically … hearsay, inadmissible, incompetent and of no evidentiary value,” the complaint read.
The complaint also said there was no evidence that Estrada was responsible for the non-implementation of the Priority Development Assistance Funds (PDAF) projects.
Estrada also said the allegation by Ruby Tuason, the former aide of former President Joseph Estrada, that he received kickbacks was “baseless and not supported by evidence on record.”
This is because Tuason even admitted that she did not count the alleged kickbacks of Estrada, the motion said.
The motion also said the affidavits against him should not have been considered in the case because Estrada was not given the chance to defend himself.
“In the absence of probable cause, the present criminal cases must be immediately dismissed…” the motion said.
Senators Estrada, Juan Ponce Enrile and Ramon Revilla Jr. face plunder and graft charges before the Sandiganbayan for their alleged involvement in the pork barrel scam.
The 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.
Also charged was alleged mastermind Janet Lim-Napoles.
The pork barrel scam is an elaborate scheme of allegedly diverting billions of Priority Development Assistance Funds (PDAF) to ghost projects for kickbacks.
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