Former Sen. Juan Ponce Enrile INQUIRER FILE PHOTO / GRIG C. MONTEGRANDE
FORMER Sen. Juan Ponce Enrile has asked the Sandiganbayan to throw out the pork barrel scam charges against him, arguing that prosecutors “totally have no idea” if he committed acts to make him liable for plunder.
Enrile last Thursday filed a motion to quash the information against him, five months after the Supreme Court granted with finality his request for a bill of particulars.
Through the ruling, the Supreme Court ordered the Ombudsman to make the allegations against Enrile more specific and to inform him enough to launch a proper defense.
Among the allegations Enrile sought clarified were: Who among the accused acquired the alleged ill-gotten wealth; what particular acts constitute the “series” of acts, and how Mr. Enrile took advantage of his position.
Although the prosecutors submitted the bill of particulars to answer those issues, Enrile’s lawyers said the charge sheet “has become more glaringly insufficient, as it becomes more evident that it failed to charge the offense of plunder.”
The motion argued that the enumerated “acts” do not constitute the act of “receiving kickbacks or commissions.” It noted that signing documents in itself does not show an intent to commit a crime.
“The particulars must refer to how it was received, when it was received, how much was received, and not why it was received,” it said.
Enrile’s lawyers also argued that when the Supreme Court ordered the prosecutors to provide the breakdown of kickbacks and transactions, and list the projects, nongovernment organizations and government agencies involved, they merely attached a table containing data lifted from whistle-blower Benhur Luy’s ledger.