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Ombudsman withdraws motion to amend information in Jinggoy’s case
By AMITA O. LEGASPI, GMA News
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(Updated 11:11 a.m.) After a warning from Sandiganbayan justices that detained Senator Jinggoy Estrada could be released, the Office of the Ombudsman on Friday withdrew its motion to amend the information for the plunder and graft charges against him.
"If I were you I will not amend the information. We are just warning you the effect of that amended information, the accused will be released," said Associate Justice Roland Jurado, chairman of Fifth Division, during the hearing.
He said they issued the warrant of arrest based on the original information filed and they will need to release the accused if it will be changed because the basis for the finding of probable cause on the case has been changed.
"With the amendment, that means you are withdrawing the original information. If you withdraw that, the accused Estrada will be released," Jurado said.
Prosecutor Danilo Lopez insisted the amendment is just a matter of form and does not change the substance of the information.
But Associate Justice Alexander Gesmundo asked why the prosecution changed the word "conspiracy" in the original information to "collaboration."
"Those are two distinct legal concepts. Conspiracy is the 'act of one is act of all.' Connivance is different from conspiracy," he said.
He added, "every word in the information should be precise."
Yielding to the justices' arguments Lopez said, "We will be withdrawing the manifestation to amend the information. We will just file the necessary manifestation."
Convinced that the case against his client Janet Lim-Napoles is weak, lawyer Stephen David withdrew the motion to quash the businesswoman's camp had filed. Thus, Napoles will be arraigned as scheduled on Monday.
On the other hand, the court submitted for resolution the petition for bail filed by Estrada, Janet Lim Napoles, and Raymund De Asis.
During the hearing, newly-appointed Associate Justice Ma. Theresa Dolores Gomez Estoesta was present and can be seen listening to the exchange of her co-justices and the lawyers.
Estrada is facing one count of plunder and eleven counts of graft. He is accused of pocketing P183.79 million in kickbacks from dealings with fake nongovernment organizations from 2004 to 2012.
Since Monday, Estrada has been detained at the PNP Custodial Center in Camp Crame in Quezon City. — LBG/RSJ, GMA News
"If I were you I will not amend the information. We are just warning you the effect of that amended information, the accused will be released," said Associate Justice Roland Jurado, chairman of Fifth Division, during the hearing.
He said they issued the warrant of arrest based on the original information filed and they will need to release the accused if it will be changed because the basis for the finding of probable cause on the case has been changed.
"With the amendment, that means you are withdrawing the original information. If you withdraw that, the accused Estrada will be released," Jurado said.
Prosecutor Danilo Lopez insisted the amendment is just a matter of form and does not change the substance of the information.
But Associate Justice Alexander Gesmundo asked why the prosecution changed the word "conspiracy" in the original information to "collaboration."
"Those are two distinct legal concepts. Conspiracy is the 'act of one is act of all.' Connivance is different from conspiracy," he said.
He added, "every word in the information should be precise."
Yielding to the justices' arguments Lopez said, "We will be withdrawing the manifestation to amend the information. We will just file the necessary manifestation."
Convinced that the case against his client Janet Lim-Napoles is weak, lawyer Stephen David withdrew the motion to quash the businesswoman's camp had filed. Thus, Napoles will be arraigned as scheduled on Monday.
On the other hand, the court submitted for resolution the petition for bail filed by Estrada, Janet Lim Napoles, and Raymund De Asis.
During the hearing, newly-appointed Associate Justice Ma. Theresa Dolores Gomez Estoesta was present and can be seen listening to the exchange of her co-justices and the lawyers.
Estrada is facing one count of plunder and eleven counts of graft. He is accused of pocketing P183.79 million in kickbacks from dealings with fake nongovernment organizations from 2004 to 2012.
Since Monday, Estrada has been detained at the PNP Custodial Center in Camp Crame in Quezon City. — LBG/RSJ, GMA News
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