Enrile's motion to dismiss plunder case denied with finality

The Sandiganbayan on Friday denied with finality the appeal of detained Senator Juan Ponce Enrile to dismiss the plunder case filed against him in connection with the pork barrel scam.

 

The anti-graft court’s Third Division said Enrile failed to present new reasons for the court to reconsider its earlier ruling finding probable cause to proceed with the case and issue warrant of arrest against him.

 

“Accused Enrile has failed to present any sound reason why the court should alter its earlier ruling now,” the resolution penned by Presiding Justice Amparo Cabotaje-Tang said.

 

It added that the arguments in the motion for reconsideration were a mere rehash of the points raised by Enrile in his urgent omnibus motion filed in June 2014.

 

“These arguments were already squarely passed upon by the court in its Resolution dated July 3, 2014 when it denied the said urgent omnibus motion,” the tribunal said.

 

Enrile said in his motion that the Sandiganbayan erred in finding that the allegations stated in the information adequately apprised him of the nature and cause of the accusation against him.  

 

He addedthat the court erred in finding probable cause that the crime of plunder had been committed and that he was probably guilty.

 

In a hearing on July 31, Enrile’s counsel faulted the tribunal for failing to state in its resolution the evidence, affidavits or documents that would show their client indeed received kickbacks from alleged scam mastermind Janet Lim Napoles.

 

The court said it complied with the jurisprudential parameters and fulfilled its task in examining the documents submitted before it.

 

“Accused Enrile cannot determine beforehand how cursory or exhaustive the judge’s examination of the records should be since the extent of the judge’s examination depends on the exercise of his sound discretion as the circumstances of the case require,” the court said.

 

Enrile and his co-accused Gigi Reyes, Janet Lim Napoles, Ronald John Lim and Raymund De Asis allegedly amassed P172.8 million from 2004 to 2010. —NB, GMA News