Lack of evidence forces Sandigan to clear Erap pal Jaime Dichaves of plunder

The Sandiganbayan has ordered the dismissal of the plunder case against businessman Jaime Dichaves, a friend and alleged dummy of former President and now Manila Mayor Joseph Estrada, in connection with the P4-billion "Jose Velarde" account.

In a 14-page resolution dated October 11, the Fourth Division said Dichaves has to be cleared of the non-bailable offense "for failure of the prosecution to present additional evidence to support the existence of probable cause."

Dichaves was accused of helping Estrada amass ill-gotten wealth through profit and commissions when his friend was still the president.

He claimed ownership of the controversial Jose Velarde account where Estrada allegedly deposited the commissions he got in the purchase of Belle Corporation shares in 1999 by the Government Service Insurance System and the Social Security System.

Estrada, who was found guilty of plunder in September 2007 but pardoned a month later, was also accused of signing as Jose Velarde in those accounts.

Dichaves brought the case to the SC after the Sandiganbayan denied his motion seeking to dismiss the plunder case against him.

He had eluded prosecution for years until the SC, in a decision dated December 7, 2016, found no grave abuse of discretion on the part of the Office of the Ombudsman in finding probable cause to charge the accused for plunder.

The Sandiganbayan thus ordered the prosecution to produce the affidavits of Federico Pascual and Carlos Arellano and the recantation of Willie Ng Ocier, but Ombudsman lawyers failed to do so despite numerous extensions in part due to the unavailablity of the witnesses.

The prosecution also insisted for the Sandiganbayan to use the same documentary and testimonial evidence that had led to the conviction of Estrada as proof of the existence of probable cause against Dichaves.

However, the Sandiganbayan said this violates the constitutional right of the businessman to challenge the evidence against him in a preliminary investigation and confront the witnesses presented by the prosecution in court.

"Considering that accused Dichaves was not present during the trial of former President Estrada, he never had the opportunity to cross-examine the witnesses and hence, he cannot be deemed to have waived his right to cross-examine them," the resolution read.

It may be recalled that Dichaves fled the Philippines before the plunder case was filed before the Sandiganbayan in 2001. He only surfaced in 2010 to contest the charge.

The Sandiganbayan further said it has no authority to "take judicial notice of the contents of the records of other cases, even when such cases have been tried or are pending in the same court."

"It is the duty of the petitioner, as a party-litigant, to properly lay before the court the evidence it relies upon in support of the relief it seeks, instead of imposing that same duty on the court," the Sandiganbayan said.

Division chairperson Associate Justice Alex Quiroz and Associate Justices Reynaldo Cruz and Bayani Jacinto all signed the resolution. — MDM, GMA News