Bong Revilla seeks Sandiganbayan's reversal of motion for leave denial

Detained former Senator Ramon "Bong" Revilla Jr. has appealed for the Sandiganbayan's reversal of his bid for an outright dismissal of his plunder charges over his alleged involvement in the pork barrel fund scam.

In an 11-page motion for reconsideration received on December 12, Revilla questionned the ruling of the First Division saying it has reversed his constitutional right to be presumed innocent.

First Division chairperson Associate Justice Efren Dela Cruz ordered Revilla and his lawyers to "present further evidence" as the anti-graft court denied his motion for leave on December 7. 

"The ruling of the court that 'there is a need for the accused to present their evidence' requires the accused to prove his innocence, reversing the immutable right of an accused 'to be presumed innocent'," Revilla said in the motion.

Revilla further said the court's order does not mean it finds the prosecution's evidence as "sufficient."

"Accused Revilla respectfully submits that the reasons elaborated in detail in his 'motion for leave to file demurrer to evidence' on why the evidence of the prosecution is insufficient merits more than a casual denial," the motion read.

Revilla basically raised the same arguments he used in his motion for leave.

The former lawmaker said the prosecution failed to prove that he received a single peso of the alleged P224 million worth of kickbacks and commissions he received from Janet Lim Napoles.

"On the contrary, witnesses of the prosecution have explicitly denied that any amount of money has been given to and received by Revilla by way of such kickbacks or commission from Napoles or her representative," the motion read.

Revilla said state prosecutors also failed to present proof that the received the kickbacks which were coursed by Napoles through his former aide Atty. Richard Cambe.

"Revilla does not admit the amount allegedly received by Cambe, and emphatically denies that whatever that amount may be, that Cambe received it in his behalf," the motion said.

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

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

In a five-page comment, state prosecutors suggested that the request be denied for "lack of merit." 

Aside from the gravity of the offenses against Revilla and the chances of him "escaping" incarceration, prosecutors emphasized that granting the former senator furlough would create the impression that he is a "favored detainee."

"As a detained prisoner, accused Revilla's movement should be restricted...the fact that the detainees are confined makes their rights more limited than those of the public," the document said.

Acceding the request would grant Revilla a "special privilege that is not accorded to an ordinary prisoner and unduly create an impression to the public that accused Revilla, being a high-ranking public official," it added. —Margaret Claire Layug/MDM/ALG, GMA News