Sandigan: ‘Pork’ trial of Gigi Reyes to proceed unless stopped by SC
MANILA, Philippines–Sandiganbayan justices on Friday told Jessica Lucila “Gigi” Reyes that they could not suspend the “pork” barrel proceedings without the go ahead of the Supreme Court.
Members of the anti-graft court third division conducted the hearing on Reyes’ motion to suspend proceedings of her plunder case over the alleged involvement in the misuse of the Priority Development Assistance Fund of Senator Juan Ponce Enrile, when she was still his chief of staff in the Senate.
Present during Friday’s hearing was Reyes’ lawyer Anacleto Diaz, who said that the Sandiganbayan must wait for the high tribunal to decide on their pending motions for a temporary restraining order and a writ of preliminary injunction.
Diaz added that the delay would not affect the preparations of the prosecutors in the proceedings.
Associate Justice Alex Quiroz said that lower court are not allowed to issue an injunction in cases with pending motion before the Supreme Court.
“To be candid with you, that’s the dilemma. The Supreme Court in its latest decisions don’t allow any lower courts to issue injunctions because the SC motu proprio (on its own) can issue an injunction if they find that there is a compelling reason to issue an injunction, like violation of the accused-movant’s right to due process,” Quiroz told Diaz in court.
Associate Justice Samuel Martires, meanwhile, cited a Supreme Court decision that allowed the anti-graft court to order the implementation of a death penalty ruling despite the accused’s appeal before the high court.
“The SC did not issue a TRO (temporary restraining order). With the absence of a TRO, we ordered the national penitentiary to execute judgement,” Martires said.
“What if the SC reverses its decision? Can we still bring back the accused to earth? In the absence of a TRO, the court proceeded with the execution of judgement… Even with a pain in my heart,” he added.
Ruby Tuason, a self-confessed former aide of alleged scam mastermind Janet Lim-Napoles, has testified that she personally handed to Reyes millions of pesos in kickbacks for Enrile in meetings in restaurants. Tuason said in a Senate hearing that in some of the meetings, Enrile was even present.
Reyes denied the allegations, saying her right to due process was violated when she was not given Tuason’s affidavit.
Reyes had asked the anti-graft court to suspend proceedings on the plunder charges against her so as not to prejudice the Supreme Court’s pending decision on her motions for a temporary restraining order and a writ of preliminary injunction.
In 10-page urgent motion before the Sandiganbayan, Reyes has said the anti-graft court should just wait for the Supreme Court’s decision on her plea for a temporary restraining order against the warrant, as well as a writ of preliminary injunction.
Reyes’ camp in the motion also said suspending the proceedings would save the court some time and resources “should the Supreme Court find that the Ombudsman violated the accused’s constitutional rights and annul the assailed resolutions issued by the Ombudsman.
“As the Supreme Court has required the Ombudsman to comment on the petition within 10 days from receipt of the order before ruling on accused application for injunctive relief, and three days have already elapsed since then, no substantial delay or prejudice will be caused by suspending proceedings against the accused in the meantime,” the motion read.
Reyes is the co-accused of Enrile in the plunder charge over the pork barrel scam, the alleged systemic scheme of pillaging lawmakers’ public funds to ghost projects for kickbacks.
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