The Sandiganbayan. FILE PHOTO
MANILA, Philippines—The Sandiganbayan is set to hear on Friday the special prosecutor’s motion for the court to admit the amended plunder charge sheet of Senator Jose “Jinggoy” Estrada.
In an Ombudsman memorandum attached to their motion filed before the anti-graft court, the special prosecutor under the Ombudsman said they amended the case information to make Estrada, not Janet Lim-Napoles, as the alleged mastermind of the scam.
“The introductory paragraph in each of the [information] may be rephrased so as to emphasize that the senator (Estrada) was the one who amassed, accumulated and acquired ill-gotten wealth in connivance or in conspiracy with his co-accused public officer and private individuals,” the memorandum read.
“The prosecutors deemed it wise to amend them to minimize, if not obviate, objections therein by certain accused which may cause undue delay in the proceedings,” it added.
According to the amended information, Estrada “(exerted) undue pressure on the implementing agencies to favorably act on his endorsements to the NGOs (non-government organizations) of Napoles…”
This was done by Estrada purportedly to “ensure that his PDAF (Priority Development Assistance Funds) be in the possession and control of Napoles and her cohorts which undue pressure and endorsements were made in exchange for kickbacks, percentage or commissions, thereby enriching himself…” according to the amended charge sheet.
Dennis Cunanan, the director general on-leave of the Technology Resource Center (TRC), has testified that Senators Estrada and Ramon Revilla Jr. called him up personally so that the senator’s pork barrel funds were funneled to Napoles’ bogus foundations. TRC and other implementing agencies were tagged as the conduit of Napoles with lawmakers.
The amended information also said Estrada is a “public officer” who “by himself or in connivance with” his co-accused public officers and private individuals amassed ill-gotten wealth.
It also added that Estrada “collected directly or indirectly” not only kickbacks but also even “percentages.”
The amended information sheet also said the ghost projects were not only fictitious but also “anomalous.”
The motion also wants to amend the information to say alleged mastermind Napoles and her cohorts are “private individuals” who collaborated with the senators in amassing ill-gotten wealth.
They also would like to delete the phrase in the case that states: “enabling Napoles to misappropriate the Priority Development Assistance Funds (PDAF) proceeds for her personal gain.”
The special prosecutor had also submitted motions to amend the plunder charge sheets of Senators Revilla and Juan Ponce Enrile. The same amendments were made in the case information of all three senators.
On Thursday’s arraignment, the anti-graft first division denied the prosecutor’s motion for the court to admit the amended information on Revilla’s case. The prosecution panel had admitted before the court that the original information could stand as sufficient information for the plunder case.
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