Sandigan denies furlough for Jinggoy

MANILA, Philippines - Detained Sen. Jinggoy Estrada’s request for a five-hour furlough tomorrow, All Saints’ Day, to visit the graves of his best friend and relatives has been rejected for lack of merit.

In a two-page decision released yesterday, the Sandiganbayan Fifth Division  said Estrada cannot be allowed that privilege.

“We rule that to allow the accused-movant to leave his detention cell will not only set a bad precedent, but will likewise be regarded as a mockery of the administration of justice,” read the decision.

“A detention prisoner, just like all other detention prisoners, accused-movant cannot be allowed the full enjoyment of his rights, be it civil or political.

“The inherent and consequent restraint in some of his rights does not run counter to the constitutional presumption of his innocence, for the rule stands that until promulgation of final conviction is made, the constitutional mandate of presumption of innocence prevails.” 

In a statement, Estrada said he will just pray for his his best friend, the late actor Rudy Fernandez and departed loved ones inside his detention cell in Camp Crame tomorrow, All Saints’ Day.

“That’s their decision, I respect that,” read the statement.“I have to obey the decision.  The cemetery is just five minutes away.”

Estrada had asked the Sandiganbayan to grant him temporary freedom tomorrow to visit the tomb of Fernandez at the Heritage Park in Taguig.

He also wanted to visit the graves of his grandmother Lola Mary, his grandfather Lolo Emilio, father-in-law Reynaldo Vitug, uncles George and Paulino, and sister Jessica at the San Juan Cemetery, he added.

The fact that Estrada is detained curtails some of his rights as a Filipino citizen, the  Sandiganbayan said.

‘No bail for Revilla’

The Office of the Ombudsman is confident that Sen. Ramon Revilla Jr. and other accused in the pork barrel fund scam  would not be granted bail.

The prosecution is almost done presenting witnesses and evidence.  

Assistant Ombudsman Asryman Rafanan told The STAR prosecutors are doing a good job in showing the that the state has a strong case against the respondents.

“Yes, of course (we are confident that bail will be denied), that the  evidence of the prosecution is strong,” he said.

Rafanan said prosecutors are about halfway to proving that Senate Minority Leader Juan Ponce Enrile and Estrada must be denied bail.

“I think the prosecution has been forthright from the very beginning that its evidence against the accused is strong enough for their petition for bail to be denied,” he said.

Rafanan justified the move of   prosecutors to ask the Sandiganbayan to garnish Revilla’s alleged ill-gotten wealth amounting to more than P224 million.

The motion for a writ of  preliminary attachment is anchored on the “compelling and overriding need to preserve and prevent the dissipation of Revilla’s ill-gotten wealth,” he added.

Rafanan said based on Benhur Luy’s  ledger, Revilla received P224 million in kickbacks for endorsing Napoles-controlled non-government organizations for the implementation of ghost projects sourced from his Priority Development Assistance Fund (PDAF) allocations from 2006 to 2010.

The Anti-Money laundering Council (AMLC) has reported that many of Revilla’s investment and bank accounts were terminated immediately before and after the PDAF scandal exploded, he added.

Prosecutors believe the writ of preliminary attachment is necessary to protect the interest of the government and to prevent the removal, concealment and disposition of ill-gotten properties,  especially in Revilla’s case where  they have evidence of fraud, misappropriation or conversion of public funds for personal use.

“Without this remedy, the government will be left holding an empty bag even if it obtains a favorable judgment after trial on the merits,” he said.

Rafanan said the seizure of illegally acquired real properties, personal properties including cash and bank deposits, motor vehicles and shares of stock is necessary to ensure that the assets would not be concealed, removed or disposed, Rafanan said. – Michael Punongbayan, Christina Mendez