Jinggoy Estrada seeks dismissal of plunder, graft raps over flood control mess

The camp of Senator Jinggoy Estrada on Monday asked the Sandiganbayan to junk the plunder and two counts of graft charges that the Office of the Ombudsman filed against him in connection with the flood control mess.

"Nag-file kami ng mga omnibus motion upang alamin ng mga magistrado kung makatotohanan ba ang mga paratang laban kay Senator Jinggoy," Atty. Noel Ostrea said in a statement.

(We filed omnibus motions so that the justices will be able to inquire if there is truth to the allegations against the senator.)

"Kasama iyong [motion to quash] pero mas malawak ang sakop ng omnibus motion para lahat ng mga legal na dahilan para mapawalang-sala si Senator Jinggoy ay mailahad sa hukuman," he added.

(A motion to quash is among those we filed but an omnibus motion covers more so that all the legal reasons to dismiss the case against Senator Jinggoy will be laid to the court.)

Ombudsman prosecutors alleged that Estrada pocketed at least P573 million worth of kickbacks from flood control projects.

Estrada has a pending plunder and graft cases before the Fifth Division and a graft case before the Second Division.

The Second Division earlier issued a warrant of arrest against Estrada last Friday, May 29.

The senator posted a P90,000 bail the same day to secure temporary liberty.

Aside from the motion to quash, Estrada has a pending urgent motion to withdraw the issuance of the warrant of arrest before the Sandiganbayan's Fifth and Second Division.

In a statement, Estrada urged the Sandiganbayan to give "due consideration" to the pleadings he filed amid the possible issuance of the arrest warrant.

Three motions have been filed by the senator's camp, including the consolidation of the cases and the deferment of the issuance of any arrest warrant. They also filed an urgent motion "praying for the information be quashed; the case be dismissed with prejudice, or, in the alternative, that the proceedings be suspended and the case remanded for reinvestigation and/or the completion of the preliminary investigation".

"These are not mere technicalities. I firmly believe that I am entitled to avail myself of the remedies available under the law, including the filing of a motion for reconsideration, especially considering that I received a copy of the Ombudsman Resolution on the plunder case only on Friday evening," the senator said.

"It is only fair and just that I be afforded the opportunity to fully exercise these legal remedies before any coercive measures are taken against me," he added.

Estrada also said it is "not intended to evade the law but to stand up for my rights for due process and to have the chance to air my side in a proper forum".

"Buo ang aking loob na harapin ang kasong ito at patunayan na walang katotohanan ang mga ibinibintang sa akin," he further said.

(I will face this case and prove that the accusations against me are false.) —AOL, GMA News