Sandiganbayan granted Senator Jinggoy Estrada to pursue dismissal of 11 graft charges

The Sandiganbayan has authorized Senator Jinggoy Estrada to file a motion seeking the dismissal of the 11 graft charges lodged against him concerning his P183 million Priority Development Assistance Fund (PDAF) spanning from 2004 to 2012. The motion is based on the alleged inadequacy of the prosecution’s evidence to support a conviction.

In a recent resolution, the anti-graft court’s fifth division granted Estrada’s request to file a demurrer to evidence regarding the graft charges. This permission extends to his co-accused as well, including former Technology and Livelihood Resource Center (TLRC) deputy director general Dennis L. Cunanan, former Department of Budget and Management (DBM) undersecretary Mario L. Relampagos, and DBM officials Rosario S. Nuñez, Lalaine N. Paule, and Marilou D. Bare.

Previously, the Sandiganbayan had acquitted Estrada of plunder but convicted him of one count of direct bribery and two counts of indirect bribery. He received sentences ranging from eight to nine years for direct bribery and two to three years for each count of indirect bribery, along with various disqualifications and fines. Estrada expressed his intention to exhaust all legal avenues to overturn his convictions.

Similarly, Estrada’s co-accused, businesswoman Janet Lim Napoles, was acquitted of plunder but found guilty of seven counts of corruption of public officials. She received prison terms and fines, along with orders to indemnify the government.

A demurrer to evidence challenges the sufficiency of the prosecution’s evidence to support a conviction. The Sandiganbayan, in granting the motion, acknowledged the accused’s right to contest the adequacy of the evidence presented against them.

In their motion, Estrada and his co-accused emphasized their lack of involvement in any conspiracy and argued that the prosecution’s evidence did not support a guilty verdict. The court’s ruling, penned by Associate Justice Maria Theresa V. Mendoza-Arcega and concurred by Fifth Division Chairperson Associate Justice Rafael R. Lagos and Associate Justice Maryann E. Corpus-Mañalac, provides the accused with an opportunity to challenge the sufficiency of the evidence against them.