MANILA, Philippines – Former APEC Representative Edgar Valdez on Monday asked the Sandiganbayan to dismiss for lack of probable cause the plunder charge against him for allegedly getting at least P57.787 million in kickbacks from the pork barrel scam.
The former lawmaker also asked for a judicial determination of probable cause to junk the corruption case lodged against him.
Valdez is one of the fresh batch of former legislators accused of corruption for pillaging millions from their Priority Development Assistance Funds (PDAF) under the alleged scheme of Janet Lim-Napoles.
In the motion, Valdez’s lawyers said there is no probable cause to indict him for plunder because the alleged kickbacks do not amount to the P50 million threshold.
The defense said the prosecution based the alleged kickbacks from the Special Allotment Release Orders (Saro) authorizing the release of P79.94 million in PDAF from 2007 to 2009.
The second basis was the 2004 to 2006 and 2010 ledger of principal whistleblower Benhur Luy, who the defense said is a polluted source because he has admitted forging PDAF transaction documents.
The defense said the ledger of Valdez’s alleged kickbacks is not supported by documentary evidence.
“No evidence was presented to substantiate the alleged kickbacks and commissions other than the self-serving and fabricated testimony of Luy and said entries in the business ledger,” the motion said.
The defense then said if the amount based on Luy’s ledger is excluded, Valdez’s alleged kickbacks would not reach the P50 million threshold, making the plunder charge moot.
“Even if one were to assume as fact that Valdez indeed earned kickbacks… in percentages ranging from a minimum of 40 percent to maximum of 50 to 60 percent… said commissions will not meet the jurisdictional amount of at least P50 million,” the motion said.
“If only for this reason, the charges for plunder against Valdez must fail,” it added.
It added that there is no credible witness or evidence presented to support the allegations of kickbacks received by Valdez.
The defense even noted that Luy wrote in his ledger that Valdez received his kickbacks at his house in Ayala Alabang Hills, Muntinlupa, which the former solon does not own.
“To be very clear, Valdez has no house in Ayala Alabang Hills, Muntinlupa. Furthermore, Luy’s ledger does not indicate any amounts delivered to the accused,” the motion said.
“It is most respectfully prayed of the Court to conduct a judicial determination of probable cause … and after said judicial determination of probable cause, to dismiss the cases against Valdez for lack of probable cause,” it added.
The antigraft court last week received the plunder cases against Valdez and former Masbate Rep. Rizalina Seachon-Lanete, and the malversation raps against former Agusan Del Sur Rep. Rodolfo Plaza, Benguet Rep. Samuel Dangwa, and Cagayan De Oro Rep. Constantino Jaraula.