MANILA, Philippines – Senator Juan Ponce Enrile asked the Supreme Court to stop the Sandiganbayan from hearing his plunder case in connection with the Priority Development Assistance Fund (PDAF) scam.
Sen. Juan Ponce Enrile (center). INQUIRER FILE PHOTO/RAFFY LERMA
In a 75-page petition, Enrile, through counsel Estelito Mendoza, also asked the high court to nullify the Sandiganbayan decision denying his motion for Bill of Particulars for being issued with grave abuse of discretion amounting to lack of, or in excess of jurisdiction.
He also wants the arraignment nullified as well as the proceedings after that.
Some of the details Enrile wants clarified are the following:
* Who among the accused acquired the alleged ill-gotten wealth worth P172 million?
* What are the particular overt acts they have committed to constitute the “combination”?
* What are the particular overt acts, which constitute the “series”? The Information stated that “by repeatedly receiving from Napoles and/or her representatives kickbacks, commissions before, during and/or after the project identification, Napoles gave Enrile and/or Reyes received, a percentage of the cost of a project to be funded from Enrile’s PDAF’…”
They also asked that they be clarified of the following:
* What was “repeatedly” received? If amounts of money, the amount and if on several occasions, state the date, amount and place where it was given;
* Name of the specific person who delivered, who received the amount and how much;
* The circumstances during before and/or after the project identification, name and nature of the project and where was it located;
* In describing the said projects as fictitious, what is the basis?
* How Enrile took advantage of his position and why?”
The Sandiganbayan third division, however denied the motion saying the information they want should be better threshed out during the trial.
But Enrile, in his petition before the high court, said “those particulars are material facts that should be clearly and definitely averred in the complaint in order that the defendant may, in fairness be informed of the claims made against him to the end that he may be prepare to meet the issues at the trial.”
Enrile said, the Sandiganbayan’s act of denying his motion for bill of particulars “is a denial of due process and a serious violation of petitioner’s constitutional right to be informed of the nature and cause of the accusation against him. This is certainly grave abuse of discretion.”
They added that with the Sandiganbayan’s denial, Enrile is left to guess his act of participation in the crime of plunder.
Enrile is one of the three senators accused of plunder in connection with the PDAF scam.
The Sandiganbayan has already suspended him from office for 90 days.
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