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Bong Revilla wants to contest sufficiency of evidence in ‘pork’ scam case


Detained former Senator Ramon "Bong" Revilla Jr. has sought for the outright dismissal of his plunder charges in connection with the pork barrel fund scam and his immediate release from detention.

In a 57-page motion for leave to file demurrer to evidence received on November 28, Revilla appealed to the Sandiganbayan First Division to junk his case since the prosecution failed to prove he allegedly received P224.5 million in kickbacks.

A demurrer to evidence is a motion seeking to dismiss a case on the ground of weak evidence from the prosecution.

Revilla, through his lawyers, said even the prosecution's witnesses affirmed that the former lawmaker did not receive money for allocating his PDAF to the fake non-government organizations of Janet Lim Napoles.

"What amount did Revilla receive from Napoles and/or representatives by way of 'kickbacks' or 'commissions'? The answer is apparently not disputed: zero," Revilla said.

"No evidence has been presented by the prosecution of any amount allegedly received by Revilla by way of 'kickbacks' or 'commissions' from Napoles or any of her representatives. On the contrary, the witnesses of the prosecution have denied that any amount of money has been received by Revilla," he added.

Revilla urged the Sandiganbayan to order his release from detention at the Philippine National Police Custodial Center in Camp Crame since there is no proof of his guilt beyond reasonable doubt.

"Since the accused is under detention for nearly four years now, his release from detention is not just a constitutional right but a vindication that before the Sandiganbayan the search for justice is not a Don Quixote effort," the motion read.

Revilla's lead counsel and former Solicitor General Estelito Mendoza had long emphasized that his client should not be charged of plunder since there is no proof that the anomalous public-funded projects were from the PDAF of Revilla nor did he amass ill-gotten wealth from it.

In a minute resolution dated November 9, the Sandiganbayan admitted all the evidence presented by the prosecution in the plunder case against and his co-accused, including businesswoman Janet Lim Napoles. 

Napoles and Revilla's former aide, lawyer Richard Cambe, already filed their motion for leave to file demurrer to evidence on November 24.

Napoles said the plunder law prosecutes a public officer, and not a private individual like her, who allegedly amassed ill-gotten wealth worth at least P50 million.

Cambe, on the other hand, said the prosecution failed to prove that he acted in conspiracy with Napoles, Revilla, and his other co-accused that would constitute the crime of plunder.

Pins co-accused Cambe, Luy

Revilla pinned the blame on Cambe instead, saying the prosecution proved that it was his former aide who allegedly received the kickbacks of the bogus PDAF-funded projects from Napoles.

"What the prosecution has endeavored to prove is the amount of 'kickbacks or commissions' received by Cambe, and that amount was received in behalf of Revilla," the motion read.

The motion said the prosecution only established its case against Cambe, calling Revilla's plunder trial a waste due to the lack of evidence proving beyond reasonable doubt that the commissions of the former lawmaker constituted an element of plunder.

"The court made no finding as to the amount of commissions/rebates allegedly received by Revilla; rather a finding only as to the amount received by Cambe," Revilla said in the motion.

Revilla also blamed Napoles and PDAF scam whistle-blower Benhur Luy as the ones responsible for the scheme.

"It bears reminding that the ones solely responsible for the duly funded projects turning out to be 'ghost or fictitious' and which 'enabled Napoles to misappropriate the PDAF proceeds for her personal gain' are Benhur Luy and his fellow whistle-blowers under the direction and management of Napoles," Revilla said. — RSJ, GMA News

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