MANILA – The Sandiganbayan has reversed its previous decision convicting Sen. Jose “Jinggoy” Estrada of one count of direct bribery and two counts of indirect bribery in connection with the pork barrel scam.
In its 26-page resolution released on late Thursday, the court granted Estrada’s motion for reconsideration, which seeks to reverse his conviction in connection with the alleged misuse of P183 million in Priority Development Assistance Fund (PDAF) allocations.
According to the anti-graft court, aside from the P1 million deposited to Estrada’s Bank of Commerce’s account back on September 18, 2008 reflected in prosecution witness Benhur Luy’s “9/18/2008” Summary of Rebates, the prosecution did not present other evidence which proved that money was sent to Estrada.
The summary of rebates indicated Luy, a financial officer of non-government organizations owned by Janet Napoles, send P5 million to the accused and then-Estrada’s aide Pauline Labayen.
“Luy’s records mention only Labayen as the recipient of the amount involved, and he did not give any testimony to the effect that Estrada actually received the same or portion thereof,” the Sandiganbayan said.
“Here, the prosecution evidence is remiss in showing that there is a clear correlation between the deposit made to Estrada’s Bank of Commerce account and the amount received by Labayen,” it added.
Earlier this year, Estrada was acquitted of plunder charges in connection with the alleged PDAF misuse, but was found guilty of bribery, the case that he appealed to the anti-graft court.
“Since there is no proof which shows that Estrada received the amount of P1 million from Labayen, it is doubtful whether he voluntarily acceded to the said transaction,” the Sandiganbayan said.
The anti-graft court also said that the prosecution was not able to explain the discrepancy in the amounts, such as why only P1 million was given to Estrada by Labayen when in fact Luy said that P5 million was given to Labayen for Estrada.
“Lamentably, the prosecution provided no concrete or specific counter-argument to the matters raised by Estrada in this instance,” said the Sandiganbayan, which added that the delivery of the subject money to Labayen could not be construed as a bribe received by Estrada.
“While offenses may be proven not only through direct proof but also by circumstantial evidence, the single circumstance in this instance, i.e., identical dates, is not sufficient to sustain a conviction,” the Sandiganabayan said.
Reacting to the ruling, Estrada said he feels relieved that the Sandiganbayan has reversed its previous ruling as he reiterated that he does not use the government funds for personal interest.
“Pinatotohanan ng korte ang naunang pahayag ko na wala akong tinanggap na suhol direkta man o hindi,” Estrada said. “Hindi ako kailanman gumamit ng pondo ng bayan para sa pansariling interes o para pagtakpan ang anumang gawain na taliwas sa umiiral na batas.”
“At, higit sa lahat, pinatotohanan ng desisyon na ito na hindi ko sinira ang tiwala na ibinigay sa akin ng mga mamamayan,” the actor-turned-politician further said./PN
