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Sandiganbayan clears Enrile, Reyes, Napoles, others on 15 graft charges


Sandiganbayan clears Enrile, Reyes, Napoles, others on 15 graft charges

The Sandiganbayan Special Third Division on Friday unanimously cleared former Senate President and incumbent Chief Presidential Legal Counsel Juan Ponce Enrile, his former chief-of-staff Jessica "Gigi" Reyes, Janet Napoles, among others on 15 counts of graft over the alleged misuse of the former lawmaker's P172-million pork barrel.

The anti-graft court said the prosecution failed to prove the guilt of the accused beyond reasonable doubt. 

The Sandiganbayan Special Third Division was formed since the circumstances of the original members of the Sandiganbayan Third Division changed.

Former Sandiganbayan Third Division members and Presiding Justice Amparo Cabotaje Tang and Associate Justice Bernelito Fernandez already retired. Only Sandiganbayan Third Division Associate Justice Ronald Moreno remained until the promulgation on Friday, October 24.

Aside from Moreno, the current Sandiganbayan Third Division members include chairperson and Associate Justice Karl Miranda, who inhibited from the Enrile case since he previously handled a case on Enrile when he was still part of the Office of the Solicitor General.  As such, the Sandiganbayan Special Third Division enlisted Associate Justice Juliet San Gaspar to fill in for Miranda and Associate Justice Arthur Malabaguio to fill the vacancy as Sandiganbayan Special Third Division members. 

As a result of the court's decision, all hold departure orders issued by the Sandiganbayan were lifted.

The 101-year-old Enrile and Napoles attended the scheduled promulgation online, while Reyes was present alongside other accused.

“I’m thankful,” Reyes told reporters after her acquittal.

Enrile attended the promulgation online while in his hospital bed as he is currently confined.

Katrina Enrile, daughter of the former Senate president, said his father is in the hospital due to pneumonia.

''Just managing his pneumonia po,'' she told GMA News Online.

In an official statement, Enrile expressed gratitude for the vindication, noting that the case was fairly investigated. 

''I thank the Lord foremost for this vindication and also the Honorable Justices of the Sandiganbayan who carefully studied the evidence and tried the case with fairness and discernment,'' Enrile said. 

''We are pleased that his acquittal covers both the criminal and civil aspects of the case, finally putting to rest years of pain, misunderstanding, and injustice. This decision reaffirms our faith in the rule of law and the integrity of our judicial system. May it serve as a reminder that truth and justice, though sometimes delayed, will always prevail,'' Enrile added.

The former Senate leader previously confirmed signatures in PDAF releases to Napoles NGOs.

Back in November 2023, Reyes confirmed before the anti-graft court that Enrile signed a letter sent to Commission on Audit (COA) in March 2012 in which he confirmed that the signatures in the endorsement letters of Napoles-run non-government organizations were that of Reyes' and Enrile's Deputy Chief-of-Staff Jose Antonio Evangelista.

Reyes, however, argued that such 2012 Enrile confirmation to COA did not go through her. 

“He (Enrile) signed the letter in March 2012 addressed to COA... he supposedly said he was confirming the signatures of his staff members, mainly myself and DCOS Deputy Chief-of-Staff Jose Antonio Evangelista,” Reyes said.

“I raised the issue, very respectfully, to my former boss, because I said, 'Boss, how can you be the one to authenticate our signatures? I haven’t seen it,'” Reyes added.

According to Reyes, Enrile could not recall signing the 2012 confirmation letter sent to COA.

“The former SP did not even remember when he signed that. He was upset with the deputy chief-of-staff, and he (Evangelista) was very apologetic and said, 'I thought I was doing the right thing because the COA is pressing for a reply. I could not approach you because you were busy,'” Reyes said.

One and a half year ago, the prosecution panel submitted a copy of Enrile’s letter dated September 17, 2008 requesting then Budget Secretary Rolando Andaya, Jr. to release his PDAF to implementing agencies owned by Napoles as evidence. 

Prosecution witness and Department of Budget and Management (DBM) official Marissa Santos, chief administrative officer of the DBM Records Division, also testified before the Sandiganbayan that then Senator Enrile issued request letters for the release of his Priority Development Assistance Fund (PDAF) to non-government entities linked to Napoles. 

Santos' testimony included Enrile's request for Special Allotment Release Order (SARO) which releases the PDAF disbursement to implementing agencies, Notice of Cash Allocation (NCAs) which certifies the availability of funds, advice to NCA and other supporting documents pertaining to then senator's PDAF.

Also in March 2023, Pablo Malla, who was a municipal agricultural officer (MAO) of Natividad, Pangasinan from 2007 to 2009 and a municipal agriculturist of the same municipality from 2009 until his retirement in June 2020, testified before the Sandiganbayan the anti-graft court that Natividad did not receive agricultural packages and kits named in the graft raps involving Enrile’s pork barrel or discretionary fund from years 2008 to 2009.

Aside from Malla, Banaybanay, Davao Oriental municipal agriculturist Ester Solamo and former San Juan, La Union municipal agriculturist Margarita Guinomma also testified that  testified that their areas did not receive the agricultural packages and livelihood projects identified in the 15 graft charges filed against Enrile, Reyes, Napoles among others.

Former COA assistant commissioner Susan Garcia also told the anti-graft court that the office of then-senator Enrile submitted confirmation documents stating that it received items purchased by the Napoles-run non-government organizations (NGOs) it endorsed for government projects funded by Enrile’s PDAF or discretionary fund.   

No enough evidence

The Sandiganbayan, however, maintained that the prosecution’s evidence was not enough to convict Enrile and his other co-accused because the endorsement of Enrile’s office to Napoles-owned NGOs were just recommendatory.

“The prosecution presented letters in which Enrile, or through his representative/s, endorsed the NGOs allegedly created by Janet Napoles, in disregard of the appropriation law and its implementing rules, and/or without the benefit of public bidding, as required under R.A. No. 9184, and its implementing rules and regulations. [But] the prosecution failed to show that Enrile, Reyes, and Evangelista were motivated by evident bad faith and manifest partiality in issuing those letters,” the Sandiganbayan said.

“Since the endorsement of the NGO was merely recommendatory, and the mandate to accredit the NGO and award the project still rests with the implementing agencies, such supposed endorsement by Enrile does not constitute manifest partiality or evident bad faith,” the Sandiganbayan said.

In addition, the anti-graft court said prosecution witness Ruby Tuason could not directly link Enrile to the receipt of kickbacks since Tuason’s testimony failed to substantiate such allegations.

‘It must be underscored that the indictment against the accused includes an allegation that they "received kickbacks representing portions of Enrile's PDAF". However, as far as Enrile is concerned, there is a clear lack of evidence showing that he received any form of kickback, commission, or rebate for the supposed endorsement of the NGOs,” the anti-graft court pointed out.

“A cursory reading of Enrile's letters to the DBM Secretary shows that he merely requested the release of PDAF funds and listed the municipalities intended to benefit from them. The other letters simply submitted project lists identified by the Senate President (Senator Enrile) and other senators, chargeable against their respective PDAFs. None of these letters mentioned any NGO,” the Sandiganbayan added.

Further, the anti-graft court said Enrile’s letters to the Senate President and Senate committee on finance are simply a submission of a list of projects to be charged to his PDAF, their locations, corresponding amounts, and designated implementing agencies.

As for Enrile’s letters to then National Livelihood Development Corporation president Gondelina Amata, the Sandiganbayan argued that Enrile merely authorized his deputy chief of staff, Evangelista, to sign pertinent documents and ensure proper implementation of the projects he endorsed.

As for the letters signed by Reyes as Enrile's chief of staff, the Sandiganbayan said Reyes “merely conveyed intent to implement the projects under Enrile's PDAF and authorized Evangelista to sign and follow up on the projects to ensure their proper and timely implementation.”

The Sandiganbayan, however, ordered certain individuals who were cleared of the graft charge to jointly pay the government around P338 million because “it was established by preponderance of evidence that Janet Napoles owned and controlled the NGOs that receive public funds, and thus, she should also be held civilly liable.”

The Sandiganbayan earlier postponed the promulgation on the 15 graft cases against Enrile and others last September 12 pending review of a reflection on the case submitted by one of the Sandigabayan Special Special Third Division justices.

“This morning, I was informed by the chairperson, and with the authority of the Presiding Justice, that there was a reflection  submitted by one of the members of the Special Third Division on this case. As such, it is proper to defer the promulgation as the reflection will require further deliberation,” Sandiganbayan Third Division Clerk of Court and lawyer Dennis Pulma pointed out.—with reports from Anna Felicia Bajo/AOL, GMA Integrated News