Saying that the evidence against him in the plunder case was weak, former Senator Jinggoy Estrada has formally informed the Sandiganbayan that he is seeking to dismiss the P183-million pork barrel fund scam case.
Estrada’s lawyers have already filed a motion for leave of court to file a demurrer to evidence at the Fifth Division on February 22.
“With the prosecution having completed the presentation of its evidence-in-chief, it is evidently clear that the prosecution has not proved its case against Senator Estrada and has not substantiated the accusation of plunder against him,” his lawyers said.
If approved, Estrada can submit his demurrer assailing the sufficiency of the plunder charge against him. He can still file the demurrer without a leave of court but risks losing his chance to submit rebuttal evidence.
Estrada, who is running for another Senate term, cited four grounds that would warrant the dismissal of his case.
Estrada’s lawyers said the prosecution failed to prove the gravity of the plunder charge, wherein the former senator allegedly misappropriated his Priority Development Assistance Fund, or pork barrel, to the fake non-government organizations of convicted plunderer Janet Lim Napoles.
Estrada’s camp argued the prosecution had no evidence that he was the mastermind behind the scheme, nor was there proof he acted in conspiracy with Napoles and his former deputy chief of staff Pauline Labayen.
“It is in this context that Sen. Estrada begs leave to demonstrate further that not only is the evidence against him weak or insufficient to prove his guilt beyond reasonable doubt but also, that the accusation against him is althogether unfounded,” his lawyers said.
Estrada filed on September 15, 2017 resolution of the Special Fifth Division that allowed the former lawmaker to post a P1.3-million bail bond due to insufficient proof he was the “main plunderer.”
His former colleague and fellow senatorial aspirant, Ramon “Bong” Revilla Jr., also filed the same motion that was denied by the anti-graft court’s First Division.