Anti-corruption group asks Ombudsman to appeal Jinggoy bail anew

An anti-corruption group has called on Ombudsman Samuel Martires to appeal the ruling of the Sandiganbayan allowing former Senator Jinggoy Estrada to post bail and enjoy his temporary freedom, even if the anti-graft court already denied the same plea of the prosecution last year.

A letter sent by Filipinos Opposed to Corruption and Unjust System (FOCUS) spokesperson Jun Braga to the Office of the Ombudsman on Thursday urged Martires to file another motion for reconsideration or a petition for certiorari against the Sandiganbayan.

"The undersigned would like to request this Honorable Office, for the sake of the Filipino people, to avail of the appropriate remedy, including, but not limited to, the filing of motion for reconsideration or a petition for certiorari for grave abuse of discretion on the part of the anti-graft court," Braga said.

He did not state where the Office of the Ombudsman should file its appeal, but the Sandiganbayan prohibits the filing of a second motion for reconsideration (MR). The time to file an appeal is also beyond the 90-day period.

A petition for certiorari, meanwhile, is filed either with the Court of Appeals or Supreme Court.

On September 15, 2017, the Sandiganbayan, by a vote of 3-2, allowed Estrada to post a P1.3-million bail bond in his plunder and graft cases in connection with the pork barrel fund scam.

The Sandiganbayan said there was not enough initial evidence pointing to Estrada as the "main plunderer" of the case.

The prosecution submitted its MR on September 29. It said the Sandiganbayan made a "serious error" when it banked on the same argument that acquitted House Speaker Gloria Macapagal-Arroyo from plunder over the alleged misuse of the Philippine Charity Sweepstakes Office's intelligence funds.

The anti-graft court denied the MR of the prosecution, saying it is "duty bound to follow and apply the Supreme Court's ruling" on the Arroyo case and blamed the prosecution for failing to identify the mastermind behind the scheme in their arguments to the court.

However, Braga said the ruling of the Sandiganbayan has been "tainted with grave abuse of discretion" since the evidence of guilt against Estrada is strong.

He cited the dissenting opinions of Associate Justices Zaldy Trespeses and Rafael Lagos, who both saw basis for the continued detention of Estrada in urging Martires to seek legal remedies anew.

"We are hoping that you would take this request with your preferential attention if only give justice to the Filipino people against the long time practice of our politicians of subverting the rule of law in their favor because of their money, power, and influence," Braga said. — MDM, GMA News