Jinggoy Estrada, Napoles camps cheer over ‘vague’ ‘defective’ plunder rap

Senator Jinggoy Estrada. AP

MANILA, Philippines–It may be a win-win situation for both camps of Janet Lim-Napoles and Senator Jinggoy Estrada after the special prosecutor panel took a back step in its move to amend Estrada’s plunder charge.

During the anti-graft court’s hearing on Estrada’s case on Friday, the Office of the Special Prosecutor led by Danilo Lopez withdrew its motion for the court to admit the amended plunder information against Estrada.

This after the anti-graft court warned the prosecutor that Estrada may be released from custody if it amends the information, which was used as the basis to find probable cause against the lawmaker.

Napoles’ lawyer Stephen David said it is good news for them that the plunder charge against Estrada is not amended.

He said the prosecutor wants to amend the information because they submitted a “vague” plunder charge against Estrada and Napoles.

Napoles had filed a motion to quash the information against Napoles, arguing that Napoles is not a public official to be charged for plunder.

“Inaamin nila na malabo finile nila… Mag-fa-favor sa amin ‘yan,” David said.

(They admitted that they filed a vague charge… That will be favorable to us.)

“Kung private individual ang sinasabing utak, bakit plunder?” he added.

(If Napoles is a private individual accused as mastermind, why is she charged with plunder?)

Estrada’s lawyer Alexis Abastillas Suarez, meanwhile, said they are also hopeful that the charge against Estrada will be dismissed because of the “defective” plunder rap.

“For us medyo defective siguro kasi sa original information, parang ‘di nakadiin diretso ang partisipasyon ni Estrada,” she told reporters after the hearing.

(For us, the original information is defective because it did not state directly Estrada’s participation.)

“So medyo malakas ang case namin that the evidence against him is weak,” she added.

(This makes our case strong because the evidence against him is weak.)

According to an Ombudsman memorandum attached to the prosecutor’s motion filed before the anti-graft court, the special prosecutor under the Ombudsman said it 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 informations 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 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 Ramon Revilla Jr. 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 can stand as sufficient information for the plunder case.

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