Senator Juan Ponce Enrile. Marc Jayson Cayabyab/INQUIRER.net FILE PHOTO
MANILA, Philippines –The Sandiganbayan denied Friday an appeal by Senator Juan Ponce Enrile to dismiss the plunder case against him in connection with the Priority Development Assistance Fund (PDAF) or pork barrel scam.
In a resolution released by the Third Division, the anti-graft court also denied Enrile’s appeal for bail.
The court said Enrile’s arguments were rehashed and it has ruled on it prior to the issuance of a warrant for his arrest.
It added that Enrile’s claim that the information or charge sheet was confusing was due to the absence of more information.
“In truth, the allegations that accused Enrile…want to see from the subject information pertain 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 the facts essential to the nature of the offense – need not be averred,” the anti-graft court said.
On his motion to fix bail, the anti-graft court said Enrile was not entitled to bail. The court said bail for Enrile was not a matter of right because he was facing a capital offense.
The court explained that before a bail could be fixed, there has to be a hearing where the prosecution would present its evidence. With a report from Marlon Ramos, Philippine Daily Inquirer
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