MANILA, Philippines – The Sandiganbayan Fifth Division junked Senator Jinggoy Estrada’s motion to fix his bail from plunder over the pork barrel scam.
In a resolution of the court’s January 20 proceedings made available Monday, the court denied Estrada’s motion saying it is premature to rule on the availability of the remedy because the prosecution is yet to finish presenting all its evidence.
“It is for the prosecution to determine (and not for the accused) whether it has presented sufficient evidence to support its burden… Unless and until the prosecution has rested its case, the Court cannot prematurely determine whether to grant or deny the bail to the accused,” the resolution read.
In his motion to fix bail, Estrada said he should be granted bail because the prosecution has yet to establish strong evidence against him.
Estrada also said he should be granted bail because he is not a flight risk.
In its reply, the prosecution said Estrada’s motion only meant to derail the proceedings. The panel added that being a flight risk is not a factor in considering an accused’s eligibility for bail.
The panel also said Estrada’s motion has no legal grounds, arguing that “this bizarre proposition… which essentially seeks to pre-terminate and improperly abbreviate the ongoing bail hearing, has absolutely no merit.”
Estrada faces plunder and graft charges for his alleged involvement in the pork barrel scam, the purported diversion of senators’ Priority Development Assistance Funds (PDAF) to ghost projects for kickbacks.
Estrada is detained at the Philippine National Police Custodial Center with co-accused Senator Ramon Revilla Jr. while Senator Juan Ponce Enrile is under hospital detention.
Accused mastermind Janet Lim-Napoles is locked up at the Camp Bagong Diwa female dormitory also for plunder.