Sandigan ruling on JPE plunder cases out in June

MANILA, Philippines — A decade since its filing, the plunder case against Chief Presidential Legal Counsel Juan Ponce Enrile, his former chief of staff Jessica Lucila “Gigi” Reyes and detained businesswoman Janet Lim-Napoles will finally be decided next month.

In a text message to The STAR, Sandiganbayan Third Division executive clerk of court Dennis Pulma confirmed that the promulgation of decision on the plunder case of
Enrile, Reyes and Napoles has been set for June 21.

Pulma added that all parties to the case have been notified of the promulgation date.

The promulgation of decision was tentatively set this month but had to be moved to June as the Third Division resolved first a pending motion by the prosecution, Pulma said.

Filed by the Office of the Ombudsman on June 5, 2014, the plunder case stemmed from Enrile’s alleged receipt, through Reyes, of a total of P172.83 million in commissions or kickbacks from Napoles in exchange for the alleged allocation of his Priority Development Assistance Fund (PDAF) or pork barrel to the latter’s bogus non-government organizations, during his term as a senator from 2004 to 2010.

Napoles is currently detained at the Correctional Institution for Women in Mandaluyong City also for plunder in connection with the misuse of P517 million in PDAF of Sen. Ramon Revilla Jr.

Enrile was granted bail by the Supreme Court in 2015 for “humanitarian consideration,” citing his frail health and old age.

Reyes, meanwhile, was released from the Taguig City Jail Female Dormitory in January 2023 after nearly nine years in detention. This was after the SC granted her petition for writ of habeas corpus. In its resolution, the SC said Reyes’ nine years of detention for a pending plunder case was tantamount to violation of her right to speedy trial and right to liberty.

Last year, the Third Division allowed Enrile to file a demurrer to evidence, which paved the way for him to seek the dismissal of his case without presenting his defense.

Instead, Enrile prayed for his case’s dismissal solely on the ground of the supposed weakness of evidence presented against him by the Office of the Ombudsman’s prosecution panel.

The Third Division, however, ruled to hold off its decision on Enrile’s demurrer, saying that for the “orderly disposition of the case,” it shall wait for his co-accused, Reyes and Napoles, to finish their presentation of their evidence.

“Accordingly, the demurrer to evidence filed before the Court by accused Juan Ponce Enrile...shall be resolved or decided simultaneously or jointly with the main decision after the presentation of evidence for the other accused,” the Third Division’s Oct. 13, 2023 resolution read.

Napoles, however, waived her presentation of evidence and instead also filed a demurrer.

Reyes’ camp, meanwhile, proceeded with the presentation of her defense in late November and finished in January this year.

Enrile, Reyes and Napoles are also facing 15 counts each of graft, still in connection with the pork barrel scam. The cases are also being tried by the Third Division.

Enrile was among the first batch of lawmakers charged with plunder, under then Ombudsman Conchita Carpio Morales, before the Sandiganbayan in connection with the so-called pork barrel fund scam.

The court’s First Division in December 2018 acquitted Revilla of plunder but convicted his co-accused, Napoles and his former aide Richard Cambe, who died in detention in 2021.

The First Division said that while the prosecution was able to establish that the transactions with the Napoles-linked foundations were “sham,” it was not proven that Revilla had knowledge or had given his authority for such transactions.

On Jan. 19 this year, the court’s Fifth Division acquitted Sen. Jinggoy Estrada and Napoles of plunder in connection with the alleged misuse of the senator’s PDAF.

The Fifth Division, nonetheless, convicted Estrada of one count of direct bribery and two counts of indirect bribery, while Napoles was convicted of five counts of corruption of public officials in relation to direct bribery and two counts of corruption of public officials in relation to indirect bribery.

Estrada was sentenced to up to 16 years in prison and was ordered to pay a fine of P3 million. He was also meted the accessory penalties of suspension from public office and perpetual special disqualification from the right to vote.

Estrada had earlier vowed to file a motion for reconsideration on his conviction.