Senator Jinggoy Estrada. INQUIRER FILE PHOTO
The Sandiganbayan will order former Sen. Jinggoy Estrada’s side to explain why he skipped Monday’s hearing on his bid to forego submission of a pre-trial brief.
A show-cause order is set to be issued by the antigraft court’s Fifth Division directing Estrada’s lawyers to explain why they should not be sanctioned for their failure to appear during the scheduled hearing.
His lawyers were supposed to elaborate Monday on why Estrada should not be required to submit a pre-trial brief, which would inform the parties of the witnesses and evidence to be presented at the plunder trial proper.
Even as Monday’s hearing did not push through, the court will still keep the Jan. 30 date for the pre-trial of Estrada’s plunder case.
Not required
Estrada’s lawyers said a pre-trial brief was not required under the Rules of Court.
They argued in a manifestation that requiring disclosure of their witnesses and evidence ahead of trial would violate their client’s constitutional right to remain silent.
They also argued that requiring the brief would violate the presumption of Estrada’s innocence.
The state prosecutors, however, opposed the motion and reminded Estrada that at some point, he would have to disclose his witnesses and evidence.
While acknowledging that filing a pre-trial brief was not mandatory, they said it would be beneficial in speeding up proceedings.
“The prosecution understands the predicament of accused Estrada in trying to keep his witnesses and exhibits to himself. However, he should remember that sooner or later, he has to disclose them anyway,” the opposing motion said.
Estrada is accused of taking P183.8 million in kickbacks from 2004 to 2012 by diverting his Priority Development Assistance Fund to fraudulent nongovernment organizations created by alleged P10-billion pork barrel scam mastermind Janet Lim-Napoles.