SC junks Jinggoy petitions on PDAF cases

The Supreme Court (SC) on Wednesday dismissed petitions filed by Senator Jinggoy Estrada in connection with the graft and plunder cases against him over his Priority Development Assistance Fund (PDAF).

The SC dismissed three petitions of certiorari involving the plunder cases for being “moot and academic,” and another petition of certiorari for the graft cases.

“The Court took judicial notice of the Sandiganbayan Decision, dated January 19, 2024, acquitting Senator Estrada of the plunder charges, which rendered the said Petitions moot and academic,” SC said in a press briefer.

“The Court, likewise, dismissed Senator Estrada’s Petitions for Certiorari in G.R. Nos. 228374-84, the graft cases, rejecting Senator Estrada’s contention that his graft charges under Section 3(e) of Republic Act No. 3019 are 'deemed absorbed' by his plunder charges under Republic Act No. 7080 (Anti-Plunder Law),” it added.

The SC pointed out that the Ombudsman had initially found probable cause to indict Estrada, businesswoman Janet Lim-Napoles, and other individuals before the Sandiganbayan for plunder and 11 counts of violation of the Anti-Graft and Corruption Practices Act.

It declared that the component act of “giving any private party any unwarranted benefit, advantage or preference” cannot be absorbed by the predicate criminal acts under Section 1(d)(2) and (6) of the Anti-Plunder Law, emphasizing that the two offenses punish distinct wrongs.

The SC said that under the Anti-Graft and Corrupt Practices Act, “the benefit or advantage is given to a private individual separate from the public officer.”

Meanwhile, under the Anti-Plunder Law, “the public officer himself who directly benefits by receiving kickbacks or unjustly enriching himself through a combination or series of overt acts.”

“The only exception to this rule is when the Information alleging a violation of Section 3(e) of Republic Act No. 3019 names the same public officer, acting in a private capacity, as the beneficiary of the unwarranted benefit, advantage or preference,” SC said.

“This is so because the primary beneficiary of both Plunder and Graft now pertains to only one and the same person,” it added.

SC further explained that the absorption principle does not apply between graft and plunder, except in rare cases where the same public official is both the giver and recipient.

Earlier this month, the Sandiganbayan upheld its earlier ruling that junked Estrada's demurrer to evidence and motion to dismiss the 11 counts of graft in connection with the allegedly unlawful disbursement of P183 million of the senator’s PDAF to non-government entities of businesswoman Janet Napoles. — BM, GMA Integrated News