The Sandiganbayan has denied the bid of former senator Ramon “Bong” Revilla Jr. to throw out his plunder charge for his alleged involvement in the pork barrel scam.
In a resolution promulgated Feb. 23, the anti-graft court First Division said Revilla’s motion to quash his plunder information has no merit.
READ: Ahead of trial, Bong Revilla seeks to quash plunder rap
The court said it was not convinced by Revilla’s contention that his endorsement of the bogus foundations of accused scam mastermind Janet Lim-Napoles does not fall under the overt acts in the plunder law.
“The accused’s contention that it was his endorsement that was the overt criminal act alluded to the information is misleading,” the court said.
“It was clear from the information that the endorsement was part of the whole process, or as described in the information, it was ‘under the following circumstances’ of how the kickbacks or commissions were allegedly repeatedly received by accused-movant from Napoles to her representatives,” the court said.
Revilla’s reliance on co-accused Juan Ponce Enrile’s bill of particulars is also misplaced because this is different from the motion to quash, especially because a bill of particulars assumes the information is valid, while a motion to quash deems the information defective, the court said.
The court agreed with the prosecution that Revilla is fully informed of the plunder information against him as shown by his filing of a motion for judicial determination of probable cause and a petition for bail and his active participation in the case.
The court also cited Revilla’s arraignment on June 26, 2014 when he pleaded not guilty after understanding the information against him.
The court said it is compelled to deny Revilla’s motion to quash, which seemed like a last resort for the accused after losing his chance to file a motion for a bill of particulars before his arraignment.
“This Court is thus constrained to deny the present motion to quash, which is unmistakably an afterthought and a feeble attempt to make up for lost remedy,” the court said.
The resolution was penned by chairperson Associate Justice Efren Dela Cruz and concurred in by members Associate Justices Geraldine Faith Econg and Bernelito Fernandez.
In his motion to quash, Revilla through his lawyers said the information filed against him failed to sufficiently allege the facts constituting plunder.
He also said that the prosecution’s failure to inform him of his charges violates his constitutional right to be informed of the nature and cause of the accusation against him, and his right to due process of law.
Revilla added that the information against him also does not constitute an offense of plunder, and thus must be quashed pursuant to Section(a) Rule 117 of the Rules of Court.
“Wherefore, for the foregoing reasons, accused Revilla respectfully prays that the Information in the instant case be quashed,” his motion read.
In the Supreme Court, Revilla lost his petition after the magistrates sustained the finding of probable cause for plunder against him.
READ: SC junks Bong Revilla plea to dismiss 200M plunder case
It took over two years for the embattled senator to face his charges in a trial.
Revilla surrendered and was detained at the Philippine National Police Custodial Center in 2014 for plunder for allegedly pocketing P224.5 million in kickbacks from his Priority Development Assistance Fund (PDAF) in the scheme of using the pork barrel fund in ghost projects by mastermind Napoles.
Also detained for plunder is Revilla’s colleague, former senator Jinggoy Estrada, who was denied bail while accused of pocketing P183.7-million kickbacks. Enrile, now out on bail, is accused of receiving P172.8-million kickbacks.
Their plunder and graft charges were filed with the Sandiganbayan by the Office of the Special Prosecutor in June 2014. Their trial is underway. CDG/rga