Gigi Reyes wants trial of her plunder case suspended

Jesica Lucila “Gigi” Reyes, the former chief of staff of Senate Minority Floor Leader Juan Ponce Enrile, has asked the Sandiganbayan to suspend the upcoming trial proper of her plunder case in connection with her alleged involvement in the pork barrel scam.

In a six-page motion submitted before the Sandiganbayan Third Division on Tuesday, a copy of which was released to the media on Wednesday, Reyes, through her legal counsels, said the anti-graft court should have the “courtesy” of awaiting first the decision of the Supreme Court (SC) on her petition for certiorari questioning the validity of the case.

“Accused Reyes respectfully implores that this Honorable Court suspend the proceedings in the instant case until after the Supreme Court had issued a decision concerning her Amended Petitions,” Reyes said in her motion.

In her amended petitions for certiorari and prohibition with a prayer for temporary restraining order (TRO) filed before the SC on Sept. 22, 2014, Reyes claimed that her constitutional rights to due process was violated by the Office of the Ombudsman when it ruled that there is probable cause to file the case against her allegedly without giving her the opportunity to peruse and rebutt the sworn statements of one of the primary witnesses, Ruby Tuason.

Based on the pre-trial brief submitted by the prosecution to the Third Division in December 2015, Tuason will be the first one among the prosecution’s witnesses to testify against Reyes when the trial proper commences next week.

This, Reyes pointed out, is despite the fact that she is questioning before the SC the sworn affidavits of Tuason and her credibility as a witness.

“Accused Reyes’ amended petitions are anchored on the fact that she was deprived of due process when the Ombudsman failed to furnish her copies of Tuason’s sworn statements which became the principal basis for the Ombudsman’s and this Honorable Court’s finding of probable cause against accused Reyes for the non-bailable crime of Plunder – this despite repeated request by accused Reyes,” the motion read.

The Third Division had earlier set the start of the trial of proper of the plunder case against Reyes and the alleged pork barrel scam mastermind Janet Lim-Napoles, on January 13.

The court ruled to hear the case on Wednesdays to Fridays every week all at 8:30 a.m. The court set the tentative date of the last hearing on July 7.

Reyes, in her motion, said that since she has raised “serious constitutional and legal issues” in her petition before the SC, it would render all the proceedings conducted in the case “void” should the SC upholds her petition.

Thus, Reyes said, “it would be more prudent” for the Third Division to temporarily suspend the proceedings, “to prevent the wastage of time, effort and resources to be expended by the parties.”

Further, Reyes pointed out that the SC is expected to render its decision on her petition anytime soon since it is pending for more than a year already and any delay in the proceedings due to her requested suspension would just be minimal.

“As a matter ...  of judicial courtesy to the Supreme Court which has granted due course to accused Reyes’ petition, and in order not to render moot and academic the threshold issues raised therein, accused Reyes respectfully implores this Honorable Court to suspend the proceedings in the instant case against her,” Reyes said.

The Third Division set the hearing of Reyes’ motion on Friday, January 8.

Just last month, Reyes also asked the Third Division that the hearing of her plunder case be limited to once a week instead of three times a week, claiming that her legal team is undermanned.

Reyes is accused of conspiring with Enrile in amassing P172 million worth of kickbacks by supposedly allocating the senator’s Priority Development Assistance Fund (PDAF) or pork barrel to the fake foundations allegedly owned by Napoles.

Reyes is currently detained at the Bureau of Jail Management and Penology Female Dormitory in Camp Bagong Diwa in Taguig City while Napoles is detained at the Correctional Institution for Women in Mandaluyong City.

Enrile, the primary accused in the case, is on temporary liberty after the Supreme Court allowed him to post bail in August for "humanitarian considerations."

The Third Division had earlier ruled to temporarily stop the proceedings of Enrile's plunder case pending the SC’s final resolution on his motion for bill of particulars which seeks to compel the prosecution to supply additional information about the case.

The Third Division, however, ruled to proceed with the pretrial and trial proper of the plunder case of his co-accused Reyes and Napoles pointing out that the two have no similar motion with the anti-graft court or with the SC. — RSJ, GMA News