INQUIRER FILE PHOTO
MANILA, Philippines – The lawyers of Senator Jinggoy Estrada on Monday blocked the presentation in court of an Anti-Money Laundering Council (AMLC) report which purportedly shows how the lawmaker received kickbacks from his pork barrel.
It was the second time that Sandiganbayan justices ruled against the presentation of the report in the bail hearing of the senator. The first was on January 12, 2015, when the antigraft court said the prosecution should have furnished the defense a copy of the report.
During the second time on Monday, the Sandiganbayan Fifth Division said the court must first hear the motion filed by Estada’s lawyers who sought that the AMLC document be suppressed.
Defense lawyers pulled a fast one on the prosecution when it filed an urgent motion to suppress the evidence at 4:35 p.m. last Friday, January 23, shortly before the court went on the weekend break.
According to the motion, the AMLC report could not be divulged because it would violate the confidentiality clause of the AMLC rules on findings that are under the jurisdiction of a court, this time under the Court of Appeals hearing a separate forfeiture case against Estrada.
The prosecution opposed the court’s decision by insisting that it would delay the case. The court, however, denied the prosecution’s plea and even scolded it for failing to prepare its next three witnesses.
“The intention is to deceive the prosecution. It violated the three-day notice rule,” prosecutor Jun dela Cruz said.
“This is meant obviously to delay the proceedings,” added prosecutor Maria Christina Batacan.
But Associate Justice Alex Gesmundo scolded the prosecution for making it appear that the court does not know how to calendar the hearings.
Gesmundo said the motion may be heard even without the three-day notice rule because it is urgent in nature.
“Are you making fun of this court? You think we don’t know how to tell time?” the justice said.
When the prosecution said it only asked for the court to reconsider its decision, Chairman Associate Justice Roland Jurado flared up and said: “You are asking for reconsideration? Denied! Postpone the proceedings!”
Gesmundo asked both parties to work harmoniously on the case. He also asked for fairness for the defense especially as the court already allowed the prosecution to present its AMLC witness last hearing despite the objection of the defense.
“Let us be fair. Let us not sow animosity,” the justice said.
The 90-page AMLC report purportedly shows how Estrada hid his wealth in his Statements of Assets Liabilities and Networth and how he allegedly received kickbacks through conduits from accused pork barrel scam mastermind Janet Lim-Napoles.
Estrada’s lawyer Alexis Suarez said the motion was filed to suppress the evidence because the prosecution has not asked the appellate court’s nod for them to present the report.
But Justice Undersecretary Jose Justiniano, a member of the prosecution team, said they need not ask the CA’s permission because lawmakers’ already waived the confidentiality of their bank accounts in their declared SALNs.
For his part, Estrada said he is ready to face the allegations against him in the AMLC report. He, however, refused to comment on the contents of the report.
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