The Sandiganbayan First Division has affirmed the dismissal of former senator Ramon Revilla Jr.’s bid to quash his plunder rap over his alleged involvement in the pork barrel scam.
In its resolution, the anti-graft court First Division said Revilla’s appeal only contained “rehash versions of the arguments” in his motion to quash, which have been judiciously deliberated upon by the court already.
“Hence, there is no cogent and compelling reason to discuss the same,” the court said.
The court said Revilla’s appeal lacked merit to reverse the court’s first ruling.
“A thoughtful reassessment of the records of the case and of the questioned resolution convinces this Court that the accused’s motions lack merit,” the court said.
The court also dismissed the appeal of Revilla’s co-accused, his chief-of-staff Atty. Richard Cambe, who is accused of serving as Revilla’s bagman.
In his motion for reconsideration, the detained former senator said the court erred in dismissing his motion to quash and should therefore reconsider its ruling.
READ: Court denies Bong Revilla’s bid to quash plunder rap | Revilla appeals dismissal of quashal bid in pork barrel scam case
Revilla also claimed that the very Sandiganbayan ruling, which noted Revilla’s endorsement of the bogus foundations that implemented the ghost pork barrel fund projects as part of a whole process, failed to identify the senator’s alleged “overt act” to commit plunder.
“The Court’s ruling effectively confirms that the Information does not adequately inform the accused of the nature and cause of the accusation against him,” Revilla said in his appeal.
Revilla also appealed the court’s finding that Revilla’s reliance on co-accused Juan Ponce Enrile’s bill of particulars is misplaced because this is different from the motion to quash.
The court said a bill of particulars assumes the information is valid, while a motion to quash deems the information defective, agreeing 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.
Revilla said he actively participated in the proceedings of his case only because he understood the information using “conclusions of law” which do not allege the “facts” of the case.
“Suffice it to note that in all of those instances, his awareness of the nature and cause of the accusation against him was based on an Information which… do not allege ‘facts’ or ‘acts’ but ‘conclusions of law,’ or even assuming the ‘conclusions of law,’ nonetheless do not allege facts constituting the offense of plunder,” Revilla said.
“Wherefore, it is respectfully prayed that for the foregoing reasons, the Court reconsider its Resolution denying Revilla’s motion to quash and that in lieu thereof, to order the dismissal of the instant case and his immediate release from detention,” Revilla added.
Before 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
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. It was only this year when his plunder case reached the trial stage.
Revilla’s plunder trial has been postponed five times due to the failure of both the prosecution and defense to finish the marking and comparison of documentary exhibits.
Revilla’s plunder trial was initially scheduled for January 12 before the Sandiganbayan First Division, but it has been repeatedly cancelled and reset on Feb. 9, 23, March 30, April 20, and recently, on June 1.
READ: Delayed trial irks justices in Bong Revilla’s plunder case | ’Dilatory tactics’ have stalled plunder trial of 3 senators for 3 years