THE Supreme Court has ordered the Sandiganbayan to reraffle immediately the plunder case against Jaime Dichaves, a businessman accused of helping Manila Mayor Joseph Estrada to amass ill-gotten wealth when he was still president.
The High Court acted on the letter of Sandiganbayan Presiding Justice Amparo Cabotaje-Tang who proposed a reconstitution of the court’s special division to handle the trial of Dichaves.
In her letter, Cabotaje-Tang suggested the special division on Dichaves case be composed of Associate Justice Rafael Lagos, as chairman, with Associate Justices Oscar Herrera Jr. and Ma. Theresa Dolores Gomez-Estoesta as members.
Cabotaje-Tang also proposed that Associate Justices Sarah Jane Fernandez and Michael Frederick Musngi be designated as alternate members.
On Feb. 14 resolution, however, the SC denied Cabotaje-Tang’s suggestion and ordered a re-raffle of the Dichaves case, preparatory to its full-blown trial by the anti-graft court.
In its resolution, the SC directed the Sandiganbayan “to reraffle Criminal Case No. 26558 with respect to accused Jaime Dichaves and Yolanda Ricaforte among the regular divisions of the Sandiganbayan.”
This is in connection with its earlier resolution ordering the Sandiganbayan to proceed with the trial of Dichaves for plunder for allegedly conspiring with Estrada to amass ill-gotten wealth.
In a 23-page decision penned by Justice Mario Victor Marvic Leonen, the SC’s second division affirmed the March 14, 2012 joint resolution and Feb. 4, 2013 order of the Office of the Ombudsman which found probable cause to charge Dichaves with the crime.
The SC also lifted the temporary restraining order it earlier issued preventing the Ombudsman and the Sandiganbayan from proceeding with the plunder case.
“This Court finds no reason to violate the policy of non-interference in the exercise of the Ombudsman’s constitutionally mandated powers. The Ombudsman’s ruling must be respected,” the SC ruled.
Dichaves was accused of helping Estrada amass wealth through profit and commissions when Estrada was still president.
Although he had denied the accusation, he left the country before Estrada was removed from Malacañang in 2001, thus, was never arraigned and prosecuted.
Dichaves claimed he was the owner of the controversial "Jose Velarde" accounts, where Estrada allegedly deposited the commissions he got in the purchase of Belle Corp. shares by the Government Service Insurance System and the Social Security System.
Estrada was also accused of signing as Jose Velarde in those accounts.
On Sept. 12, 2007, Estrada was found guilty beyond reasonable doubt of the crime of plunder with a ruling that he was the real and beneficial owner of the "Jose Velarde" account.
Six weeks later, then President Gloria Macapagal-Arroyo pardoned Estrada.
After Estrada’s conviction and pardon, Dichaves resurfaced and sought reinvestigation of his case.
After the reinvestigation, the Ombudsman reaffirmed its ruling that Dichaves was liable for plunder.