FORMER senator Juan Ponce Enrile has asked the Sandiganbayan to quash the plunder information against him over the alleged pork barrel scam.
In his motion, Enrile through his lawyers, said that after the prosecutors submitted the bill of particulars since the Supreme Court granted his motion, the charge sheet only became “more glaringly insufficient as it becomes more evident that it failed to charge the offense of plunder.”
READ: SC grants Enrile motion for bill of particulars
“It has now become clear that the reason the prosecutors could not provide the details and particulars of the overt acts constituting the crime of plunder is simply because they do not have such details,” Enrile said in his 67-page motion.
Enrile said the prosecution submitted a table listing his alleged kickbacks according to principal whistleblower Benhur Luy’s ledger, but this ledger failed to prove he received the alleged commission.
“No project description. No implementing agency. No non-government organization. And Enrile is expected to defend against these blank spaces, or else be imprisoned for life?” the motion read.
Enrile said the prosecution failed to give particulars on the plunder charge to prove that the senator enriched himself in kickbacks from his Priority Development Assistance Fund (PDAF) projects.
“Indeed, the prosecution has been dilly-dallying, even feigning compliance, since it fully knows that it cannot possibly ‘particularize’ a non-existent charge for plunder,” according to the motion.
Enrile is accused of receiving P172.8 million in kickbacks from alleged pork barrel scam mastermind Janet Lim-Napoles through his alleged agent Gigi Reyes.
He is out on bail from hospital detention after the Supreme Court considered his petition, citing his advanced age and political stature.
READ: While Enrile runs free, Napoles denied bail over ‘pork’ scam
While Enrile is out on bail, her former chief of staff Atty. Jessica Lucila “Gigi” Reyes who was accused of serving as Enrile’s agent remains detained at the Camp Bagong Diwa in Taguig pending her plunder trial.
READ: Plunder trial starts for Enrile aide, Napoles | Gigi Reyes seeks quashal of pork barrel scam plunder rap