Sen. Jinggoy Estrada. INQUIRER PHOTO
Detained Sen. Jinggoy Estrada has asked the Sandiganbayan to dismiss his graft charges over his alleged involvement in the pork barrel scam.
Estrada filed a motion to dismiss before the antigraft court fifth division hearing his plunder and graft charges.
The son of former President Joseph Estrada is accused of dealing with alleged scam mastermind Janet Lim-Napoles to earn kickbacks from his Priority Development Assistance Funds (PDAF).
Estrada, who is detained at the Philippine National Police Custodial Center, said the court should dismiss his 11 counts of graft because these could not be considered separate crimes from his plunder case.
He alleged that the Ombudsman’s graft indictment should be deemed “absorbed” in his indictment for plunder because the alleged graft offenses spring from the same alleged offenses for plunder.
Estrada said the disbursement vouchers subject of the graft case were “offshoots” of the releases of PDAF allocations covered by the special allotment release orders which were the subject of the plunder case.
He said the legislative intent of the Republic Act No. 7080 or the Plunder Law was to treat graft offenses under the Anti-Graft and Corrupt Practices Act as the “constitutive parts” that define plunder.
“Senator Estrada submits that the indictment in these consolidated graft cases are deemed absorbed by the indictment for plunder and should be dismissed insofar as he is concerned,” his motion said.
Besides being accused of plunder for allegedly receiving P183 million kickbacks, Estrada is accused of violating Section 3(e) of the antigraft law for allegedly causing injury to government and giving undue preference to Napoles’ bogus organizations Masaganang Ani Para sa Magsasaka Foundation and Social Development Program for Farmers Foundation.
Estrada endorsed the bogus foundations to implement his pork barrel projects which turned out to be nonexistent.
He was denied bail and remained in police custody with coaccused Sen. Ramon Revilla Jr. Another coaccused, the elderly Sen. Juan Ponce Enrile, was allowed by the Supreme Court to post bail due to humanitarian considerations.
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