Sandiganbayan denies Jinggoy Estrada's bid to consolidate flood control cases

The Sandiganbayan denied the petition of Senator Jinggoy Estrada to consolidate the plunder and graft cases filed against him in connection to alleged anomalous flood control projects.

The Sandiganbayan, in an eight-page Resolution dated June 24, said that Estrada's three cases involve unrelated transactions and a joint trial will unduly delay Estrada’s trial for a plunder case which is a non-bailable offense.

This means that Estrada, would have to file petition for bail and secure the anti-graft court’s approval for such bail before he can secure temporary liberty.

Estrada’s two other graft cases also in relation to flood control are pending before the Second and Fifth Divisions, respectively. A graft charge, however, is a bailable offense.

“While indeed the plunder case shares a common question of fact with each of the anti-graft cases, a consolidation of these cases would defeat the purpose of consolidation and impede the progress of the latter. The crime of plunder carries a penalty of reclusion perpetua to death. It is basic that bail cannot be allowed without a prior hearing to a person charged with an offense punishable with reclusion perpetua or life imprisonment,” the Sandiganbayan Fifth Division said.

“Should a consolidation or joint trial be effected and either or both anti-graft cases be tried jointly with the plunder case, they stand to be stalled for as long as the court conducts hearings on the bail petitions. Proceeding independently, on the other hand, the anti-graft cases, which do not require a bail hearing, may go directly to trial,” the Sandiganbayan added.

Cortuna, Bulusan and Gonzales are Department of Public Works and Highways National Capital Region District Engineers Manny Bulusan and Arturo Gonzalez, Jr. as well as Assistant District Engineer Denryl Caesar Cortuna who are all Estrada’s co-accused in the plunder charge, including former Public Works Secretary Manuel Bonoan.

Estrada’s arraignment for the graft charge in the Second Division already proceeded, with Estrada refusing to enter plea. As a result, the anti-graft court entered a not guilty plea on his behalf.

Estrada has only one co-accused in the graft charge pending before the Second Division: Bonoan.

“Proceeding on its own, with only two accused instead of five, it (graft charge in the Second Division) cannot stand to benefit from being consolidated with a case with pending petitions for bail against three more accused,” the Sandiganbayan pointed out.

Estrada is also still facing 11 counts of graft cases before the Sandiganbayan Fifth Division in connection with his alleged misuse of discretionary Priority Development Assistance Fund (PDAF), all of which are pending since 2014. —VAL, GMA News