Sandiganbayan denies Jinggoy Estrada's bid to junk graft raps in flood control mess

The Sandiganbayan Second Division on Thursday denied the bid of Senator Jinggoy Estrada to quash the graft case against him over alleged kickbacks from the government’s flood control projects, citing lack of merit.

This happened after the anti-graft court rejected Estrada’s argument that his right to due process was violated when the plunder and graft cases were filed against him.

This was given that Estrada was able to contest the adverse findings of the Department of Justice (DOJ) through a counter affidavit.

“The accused was given a chance to defend himself by submitting the affidavit before the DOJ. The motion to quash... dismiss, is denied,” Sandigabayan Second Division chairperson and Presiding Justice Geraldine Econg said.

“There being no ground to prevent the arraignment of the accused, the court now proceeds with the arraignment,” she added.

Arraignment is a court process in which the accused enters a plea on the charge against him or her.

Estrada attended his arraignment before the Sandiganbayan Second Division via video conferencing, a set up allowed by the Sandiganbayan since it is provided for in the Supreme Court (SC) guidelines. The anti-graft court operates under the SC’s jurisdiction.

Estrada’s graft case in relation to the P573 million in alleged kickbacks from government flood control projects are pending before the Sandiganbayan Second Division, while the Sandiganbayan Fifth Division is hearing the plunder charge also related to the flood control mess.

On Thursday, Estrada withdrew his petition seeking bail for his plunder case, a non-bailable charge. This was after Sandiganbayan Fifth Division Justices Gener Gito and Maryann Corpus-Mañalac warned that pursuing the petition to fix bail will jeopardize the senator’s existing petition to quash the plunder case against him.

Earlier, the DOJ recommended the filing of criminal charges against Estrada in relation to the flood control mess. This recommendation was adopted by the Ombudsman prosecutors who filed the cases before the Sandiganbayan.

As a result of the denial of his motion to quash, Estrada refused to enter a plea on the graft case.

Since Estrada declined to enter a plea, the anti-graft court entered a not guilty plea for the senator, who is now detained at the New Quezon City Jail for a plunder charge related to the flood control mess. — JMA, GMA News