MANILA — The Sandiganbayan Second Division on Friday upheld its earlier decision denying the motion of Jinggoy Estrada to dismiss the graft case filed against him over the alleged misuse of public funds.
The court denied Estrada’s motion for reconsideration of its June 4 order rejecting his Urgent Omnibus Motion Ad Cautelam, which sought to quash the information, dismiss the case, suspend the proceedings, or remand the case for preliminary investigation or reinvestigation.
In a six-page resolution promulgated on July 10, the court ruled that the motion lacked merit.
The graft case before the Second Division stems from allegations that Estrada received a 25% kickback from P855 million worth of flood control projects in Bulacan, involving about P213 million. The senator also faces a separate non-bailable plunder charge involving an alleged P573 million in kickbacks linked to projects in Metro Manila, Oriental Mindoro and Bulacan.
Estrada argued that the information filed against him failed to specify the acts constituting the offense, depriving him of his constitutional right to be informed of the charges.
The court ruled, however, that Estrada’s own pleadings showed a detailed understanding of the allegations, noting that his filings extensively addressed the project requests, budget process, alleged kickbacks and the prosecution’s legal theories.
The court also rejected Estrada’s claim that he was denied due process during the preliminary investigation, citing his submission of a counter-affidavit as evidence that he had the opportunity to answer the allegations.
It further ruled that the absence of an opportunity to file a motion for reconsideration before the Office of the Ombudsman did not justify dismissing or reinvestigating the case, saying such a motion is a privilege rather than a right.
The Second Division ordered Estrada’s 90-day preventive suspension from the Senate on June 16 under Section 13 of the Anti-Graft and Corrupt Practices Act. The Senate implemented the suspension on June 22.
On Thursday, the Sandiganbayan Fifth Division also denied Estrada’s request to participate in the impeachment trial of Sara Duterte.
