Napoles, Revilla to finally face trial for plunder

Former Senator Ramon “Bong” Revilla Jr., (4th from right) attends the signing of the pre-trial order at the Sandiganbayan on Thursday, June 15, 2017. MARC JAYSON CAYABYAB

Three years after plunder charges were filed against them, former-senator Ramon “Bong” Revilla Jr. and alleged pork barrel scam mastermind Janet Lim-Napoles will finally face trial.

The Sandiganbayan First Division set for June 22 the trial proper for Revilla and Napoles over the alleged misuse of P224.5 million in Priority Development Assistance Funds (PDAF) through non-existent projects. Succeeding hearings will be held every Thursday thereafter.

The plunder charges will be moving to trial after Revilla and Napoles signed on Thursday the pre-trial order that ran up to 764 pages.

The court gave the green light for the signing after both parties agreed on the facts stated in the order after years of preliminary conference and pre-trial spent for the marking of documents and stipulation of facts.

A pre-trial order is an outline of the documentary evidence and witnesses that would serve as a guide for the trial proper.

During the hearing, Revilla’s lawyer former solicitor general Estelito Mendoza said his client is confident of acquittal.

He made this statement after lead prosecutor Joefferson Toribio questioned the defense panel’s move to have leeway in adding or removing witnesses in their list of testimonial evidence when it’s time for them to refute the prosecution’s evidence.

Toribio said the defense cannot just “take back” their evidence as already stated in the pre-trial order and resort to “deletion” because it would be unfair for the prosecution which, for its part, “laid down their cards.”

“If the prosecution will be required to lay all their cards on the table, I think it’s fair the defense is also required to do that,” Toribio said.

Mendoza said the defense has exactly that right to add or remove evidence, equivalent to accused Revilla’s constitutional right to remain silent.

Mendoza said the defense cannot be “straightjacketed” by the pre-trial order.

Division chairperson Associate Justice Efren Dela Cruz agreed that the defense has the “prerogative” to add or remove evidence, as long as it does not remove pieces of evidence already presented during Revilla’s bail hearing, which under the court rules are deemed reproduced for trial.

Mendoza assured that the defense panels also wanted a speedy trial, and that the prosecution should not worry too much because Revilla would be acquitted anyway.

“The accused wants a speedy trial. He’s confident he will be acquitted. So don’t worry that we will delay the proceedings,” Mendoza said.

During the hearing, Mendoza said Revilla’s endorsement of Napoles’ bogus foundations is not an overt act of plunder, citing the recent jurisprudence by the Supreme Court when it acquitted former president Gloria Macapagal-Arroyo from plunder over the alleged misuse of charity funds.

The Supreme Court in that decision said Arroyo’s mere approval of the P366 million intelligence fund releases was only ministerial and did not constitute an “overt act” to commit plunder.

READ: SC: Arroyo OK on fund release not overt act of plunder

In an interview with reporters, Mendoza said Revilla’s alleged endorsement of the bogus foundations is not an overt act of plunder in the Republic Act 7080 or the plunder law, which defined plunder as a non-bailable offense of accumulating at least P50 million in ill-gotten wealth through a series of overt criminal acts.

READ: Revilla’s ‘pork’ rap simple bribery, not plunder–ex-solgen 

“The issue is very simple–whether any kickback was delivered to Senator Revilla. But even that is not sufficient for plunder. The money must be delivered in consideration of an overt criminal act defined under Section 1 (d) of the Plunder Law. On the basis of the allegations of the information, that overt criminal act is his endorsement of the projects of the certain NGOs, and that endorsement is not among those enumerated under Section 1 (d) of the Plunder Law which may constitute an overt criminal act,” Mendoza said.

Revilla faced reporters in high spirits exuding confidence that he will be vindicated from his charges.

“I know it’s going to happen because yun ang totoo. At mangyayari ang katotohanan sa awa ng Diyos,” Revilla said.

(I know it’s going to happen because that is the truth. And truth will come out, by the mercy of God.)

He added that he has been detained for three years already and that it’s about time he will be acquitted from the charges and will be able to redeem his name.

“Magtatatlong taon na kami since June 20. Three years na… Kaya pagka isipin mo, wow three years na. Kailangan nating maging matatag diba. Dahil kapag nakitaan tayo ng hina ng loob, eh syempre pati pamilya natin madadamay. Pero konting tiis na lang,” Revilla said.

(It will be three years already since being detained on June 20. It’s been three years, wow… We need to be strong. Because if we become disheartened, our families will be affected. Just a little bit more patience.)

As to the present administration’s willingness to implicate other lawmakers who were overlooked in the investigation and use Napoles as state witness, Revilla said the people behind the scam should be held accountable, in the same way that people who are innocent like him should be released from detention.

READ: Napoles seeks bail, detention at NBI under ‘fairer’ admin
“Let’s see. Tayo naman we’re after the truth. Kung sino dapat managot dapat managot. Kung sino ang walang kasalanan, dapat palayain din (Let’s see. We are after the truth. Whoever is behind it, should be held accountable. Whoever is not at fault, should be released),” Revilla said.

Revilla has been detained at the Philippine National Police Custodial Center (PNPCC) since 2014, while Napoles is being held in Camp Bagong Diwa in Taguig City.

Two other former senators face plunder charges over the alleged pork barrel scam.

Former-senator Jinggoy Estrada, who has been denied bail while accused of pocketing P183.7-million in kickbacks, is also detained at the PNPCC. Meanwhile, former senator Juan Ponce Enrile is out on bail while accused of getting P172.8-million in 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 the cases reached the trial stage. CBB/rga