Estrada’s camp argued that the disbursement reports in Luy’s hard drive is inadmissible as evidence because these were extracted from the computer of Janet Lim-Napoles’ corporation without the accused mastermind’s permission.
Estrada’s lawyer Alexis Suarez cited the E-Commerce Act and the Anti-Cybercrime law as prohibiting the use of electronic evidence without the source’s permission.
Estrada’s camp will file a motion to suppress evidence on Tuesday to prevent Luy from showing JLN Corp’s daily transactions, which he had presented to the court hearing the plunder case of Senator Ramon “Bong” Revilla Jr.
Luy had shown that Revilla received amounts of kickbacks during certain dates when he showed to the court his digital files.
Estrada’s camp also warned Luy that he may be criminally liable for testifying using inadmissible evidence.
Justice Undersecretary Jose Justiniano, who is part of the prosecution team, however, said Luy cannot be held liable for testifying because he is under the Witness Protection Program.
Estrada, who attended the hearing, said Luy should not be allowed to present evidence if he obtained it illegally.
“Iligal ang pagkakakuha. Basta ako, walang tinatago,” Estrada said.
(It was sourced illegally. On my part, I am not hiding anything.)
Division chair Associate Justice Roland Jurado moved to cancel the hearing due to the possibility that Luy may be held criminally liable for testifying.
The defense panel was given three days to file its motion to suppress evidence, while the prosecution is given three days from receipt to comment.
Estrada is detained at the Philippine National Police Custodial Center as he faces trial for plunder over his alleged involvement in the pork barrel scam.
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