Sandiganbayan assures plunder raps vs Enrile, others are sufficient
MANILA, Philippines—The Sandiganbayan Third Division, in issuing the arrest warrant said in its resolution that the case for plunder filed against Senator Juan Ponce Enrile and four others is sufficient and compliant with the rules of court.
Enrile, Janet Lim Napoles, Ronald John Lim and John Raymond De Asis assailed the “errors” in the information for plunder filed against them.
The senator, in his supplemental opposition to the issuance of a warrant of arrest said the charge sheet or information for plunder against him is “a bundle of confusing ambiguity.”
He said the prosecutor’s claim that the transaction he was involved with is a “combination or series of overt criminal acts” is but a conclusion and not a statement of fact.
He said he was not informed of the nature and cause of accusation against him.
In a separate motion, Napoles, Lim and De Asis also questioned the sufficiency of the allegations against them with regards to specifics—where, how, why and when it was committed.
They said the Ombudsman’s allegation is sweeping.
But the anti-graft court said “the allegations that accused Enrile, Napoles, Lim and De Asis want to see from the subject. Information pertains to matters of evidence, which need not be alleged in criminal information.”
“It has been held that while it is fundamental that every element of the offense must be alleged in the information, matters of evidence—as distinguished from facts essential to the nature of the offense—need not be averred,” the court said.
It further stated that the information is not ambiguous or confusing.
“The Information clearly alleges that accused Enrile and Reyes committed the offense in relation to their respective public offices and that they conspired with each other and with accused Napoles, Lim and De Asis,” the anti-graft court said.
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