Senator Juan Ponce Enrile. INQUIRER FILE PHOTO
The lawyer for Senator Juan Ponce Enrile said the Supreme Court (SC) decision granting the petitions of the 91-year-old lawmaker in connection with the pork barrel scam means the plunder complaint has to go back to square one.
In a text message Tuesday, Atty. Joseph Sagandoy said Enrile has set aside P1 million to pay his bail from plunder, which under ordinary circumstances is a non-bailable offense.
“We are thankful that the Supreme Court granted Senator Enrile’s petition for bail. We will immediately post the required bail so the senator can again actively perform his duties and responsibilities as a senator,” Sagandoy said.
He claimed that the plunder complaint over Enrile’s alleged involvement in the pork barrel scam would be remanded to the Ombudsman which would have to amend the complaint after the SC also granted Enrile’s bill for particulars plea.
“The case for plunder against him will practically go back to square one since the Supreme Court also granted his motion for bill of particulars last week. The prosecution will have to amend the information against him or provide the required details and particulars of the charges against him,” Sagandoy said.
If the Ombudsman fails to do so, “the case may be dismissed,” he added.
Sagandoy said Enrile’s defense counsels are still waiting for a copy of the decision. He said Enrile would make a personal appearance if he is required.
Voting 8-4, the high court on Tuesday granted Enrile’s motion to reverse the Sandiganbayan Third Division’s ruling denying his bail plea.
The decision came exactly a week after the SC sided with Enrile’s request for bill of particulars in his plunder case over his alleged involvement in the pork barrel scam.
Enrile went to the SC after the Sandiganbayan Third Division denied his motion that he be allowed to post bail.
In his 70-page petition for certiorari filed Sept. 4, 2014, Enrile said he should be allowed to post bail since the prosecution failed to present strong evidence against him and that the charges “cannot be considered a capital offense.”
At the same time, Enrile said he is not a “flight risk” considering that he even voluntarily surrendered to the authorities when the warrant for his arrest was issued by the anti-graft court.
He also cited his advanced age as another reason for the SC to grant his petition.
Enrile is under hospital detention while his chief of staff Atty. Jessica Lucila “Gigi” Reyes is detained at the female dormitory of Camp Bagong Diwa as they face plunder and 15 counts of graft for their alleged involvement in the purported scheme of pilfering the senator’s Priority Development Assistance Funds (PDAF) to ghost projects for kickbacks.
According to the financial records of principal whistleblower Benhur Luy, Enrile received P172.8 million in kickbacks from Janet Lim-Napoles, who referred to Enrile as “Tanda” in the use of codenames for the alleged scam.
The witnesses had also testified that they personally saw Napoles hand over Enrile’s kickbacks to his alleged agent Ruby Tuason.
State witness Tuason, a socialite and social secretary of former President Joseph Estrada, has said she delivered kickbacks for Enrile from Napoles through Enrile’s chief of staff Reyes over lunch meetings in posh restaurants.
Tuason said Enrile sometimes joined her and Reyes for coffee after these supposed lunch meetings to deliver the kickbacks.
Accused mastermind Napoles is serving life sentence for the serious illegal detention of her entrusted financial officer Luy, who turned against her when he was detained over suspicions he was starting his own scam. Marc Jayson Cayabyab with a report from Tetch Torres-Tupas/RAM