The Sandiganbayan has rejected Senator Jinggoy Estrada’s appeal to dismiss his graft charges tied to the multi-billion peso pork barrel scam linked to Janet Napoles.
In a resolution issued by the Special Fifth Division, the anti-graft court ruled that government prosecutors had presented sufficient evidence to proceed with the case involving the misuse of around ₱200 million in Estrada’s Priority Development Assistance Fund (PDAF).
“Indeed, to the court’s mind, the frequency and recurrence of his above actions, along with the totality of the evidence adduced by the prosecution and extant in the record, undoubtedly establishes a prima facie case to sustain a verdict of guilt against him at this point of the trial,” the ruling stated. The resolution was signed by Chairperson Zaldy V. Trespeses and Associate Justices Maryann E. Corpus-Manalac and Maria Theresa V. Mendoza-Arcega.
With the court’s denial of his demurrer to evidence, Estrada is now required to present his defense when hearings resume on October 2.
Estrada argued that prosecutors had not proven intent, insisting there was no evidence he was aware of Napoles’ scheme or directly dealt with whistleblowers. The court disagreed, pointing to testimony from Ruby Tuason, former aide to ex-President Joseph Estrada, who recounted meetings with Estrada and cash deliveries starting in 2004. Whistleblower Benhur Luy also testified about endorsement letters signed by Estrada through his aide Pauline Labayen, who has since gone missing.
The court also highlighted documentary evidence showing Estrada repeatedly pre-selected implementing agencies and endorsed Napoles-linked NGOs to handle PDAF-funded projects. It rejected his defense that his endorsements were merely “recommendatory,” stressing that their frequency and departure from standard procedure made them crucial to sustaining the alleged scheme.
“The prosecution stresses that accused Estrada frequently requested that his PDAF allocation be released to the IAs (implementing agencies) involved in these cases. Once the IAs received his PDAF, accused Estrada likewise endorsed, again and again, the NGOs of accused Napoles to the IAs, which in turn, promptly released his PDAF to the said NGOs, based solely on the said endorsements,” the court said.
The senator is also facing a separate corruption controversy involving alleged kickbacks from flood-control projects, alongside Senator Joel Villanueva.
