The Sandiganbayan anti-graft court has affirmed its denial of former Senate President Juan Ponce Enrile’s plea to exclude from the evidence the testimony of a witness against him.
Enrile is facing plunder charges in connection with the pork barrel scam that was masterminded by Janet Lim Napoles.
In a resolution dated May 19, the anti-graft court denied for lack of Merit Enrile’s motion for reconsideration asking the Sandiganbayan to set aside its January 13, 2021 resolution that junked his plea to exclude lawyer Ryan Medrano’s judicial affidavit from the evidence submitted against the former senator.
Medrano belonged to Special Team I, which the Ombudsman formed to conduct a fact-finding investigation into the release and use of Enrile’s Priority Development Assistance Fund or pork barrel.
Enrile wanted prosecution witnesses, including Medrano, to provide their testimony orally in open court pursuant to the new rules on evidence, so that he may observe “the nuances in their testimonies.”
Enrile said the use of Medrano’s judicial affidavit against his will would impair his constitutional right to confrontation.
In denying Enrile’s motion, the Sandiganbayan said it “safeguarded” Enrile’s right to confrontation in its January resolution by allowing the use of Medrano’s judicial affidavit “subject to additional direct and cross-examination.”
“Notably, this right cannot be denied to Enrile unless he himself waives it,” the court said.
Enrile is accused of pocketing P172 million in kickbacks from the pork barrel scam.
In 2015, the Supreme Court granted his petition for bail on humanitarian grounds.