Ombudsman to file motion for reconsideration on Jinggoy Estrada’s petition for bail

admin   •   September 19, 2017   •   4584

MANILA, Philippines — The Office of the Ombudsman has maintained having strong evidence against former Senator Jinggoy Estrada in connection with the pork barrel scam.

Special Prosecutor Edilberto Sandoval said they will appeal to the anti-graft court to recall the temporary freedom granted to Estrada.

Sandoval added that it is not right to reverse the decision of the previous set of justices of the 5th division who previously denied the petition for bail of the former senator.

“It is not right procedurally that on the basis of the same facts, same evidence, same exhibits, the former division has decided yet the [current division] will now entitle him for bail,” said Sandoval.

Sandoval said no member of the previous set of justices in the 5th division is included in the new set who granted the bail petition of Estrada.

The former senator cited the Supreme Court’s decision on the bail petition of the former President Gloria Macapagal-Arroyo.

The highest court said the PCSO’s cases have not shown the “main plunderer” in the scam in which the former president was allegedly involved.

The Office of the Ombudsman said Arroyo’s case should not be compared with Estrada’s because the latter involves private individuals while in Arroyo’s case, all involved were government officials.

“In other words, even if the co-conspirator has performable 1 part or several in the continuous concatenation of criminal acts he will be considered the main or principal accused. If the charge is plunder, he will be considered the main plunderer,” said the prosecutor.

The Office of the Ombudsman is still confident that they also have a strong case against Janet Lim-Napoles even if she is not a government official.

If somebody is also charged in conspiracy with you, that somebody is liable and he can be classified already as public officer for purposes of convicting.

Sandoval believes in the integrity of the Sandiganbayan and he hopes that the justices will recall the granting of bail to Estrada.

“I still trust that the Sandiganbayan justices cannot be controlled by politics. I  was there for 16 years and it is only hearsay that there are politicians that are intervening,” said Sandoval. — Rey Pelayo | UNTV News & Rescue

Sandiganbayan dismisses P1-B civil case vs Marcoses

Aileen Cerrudo   •   October 8, 2019

Philippines First Lady and current congresswoman Imelda Marcos (2-L) when she visited the tomb of former strongman Ferdinand Marcos to mark National Heroes Day at the ‘Libingan ng mga Bayani’ (Cemetery of Heroes) in Taguig City, south of Manila, Philippines, 28 August 2017. EPA-EFE/FRANCIS R. MALASIG

The second division of the Sandiganbayan has dismissed the civil case filed by the Presidential Commission on Good Government (PCGG) against former President Ferdinand Marcos and wife Imelda Marcos for insufficient evidence over P1 billion worth of alleged ill-gotten wealth.

Based on the decision of the anti-graft court, the PCGG failed to present strong evidence against the Marcoses.

“The plaintiff Republic failed to prove by preponderance of evidence that the defendants by themselves, or in conspiracy with defendants Marcoses, obtained ill-gotten wealth,” the decision reads.

“Lastly, the court also finds that the defendants failed to prove their respective counterclaims alluding to alleged damages sustained.”

According to the Malacañang, the PCGG can still submit an appeal in the Supreme Court.

Presidential Spokesperson Salvador Panelo said the Marcoses should still be accountable if there is proof of ill-gotten wealth.

“Kung ill-gotten, we should always run after, basta ill-gotten (If it is ill-gotten we should always run after, as long as it is ill-gotten). It should be the policy of all governments to run after ill-gotten wealth,” he said.

The Sandiganbayan previously dismissed the P102 billion worth of forfeiture case against the Marcoses and other respondents last August.—AAC (with reports from Rosalie Coz)

Roxas, De Lima on GCTA controversy: Why blame the IRR?

UNTV News   •   September 12, 2019

MANILA, Philippines – Former Department of the Interior and Local Government (DILG) Secretary Mar Roxas and detained Senator Leila de Lima have broken their silence amid reports linking them to the controversial Good Conduct Time Allowance (GCTA) law.

Roxas and De Lima were among those who drafted the law’s implementing rules and regulations (IRR).

The Office of the Ombudsman has requested Roxas and De Lima to explain why the provisions concerning convicts of heinous crimes in relation to the GCTA privilege was not clarified in the IRR.

But the former Interior chief maintained that the IRR shouldn’t be blamed just because the law wasn’t properly implemented.

In a tweet, Roxas stressed that those who approved the convicts’ release order should face the questioning, not those who drafted the IRR.

He accused his critics of passing the buck because of the controversial law.

Nevertheless, Roxas vowed to appear and cooperate in the Ombudsman’s probe.

“Apparently iimbestigahan ng Ombudsman itong (The Ombudsman will probe this) GCTA issue. Well and good, at masasagot ko kung ano man ang mga tanong nila (I will have the chance to answer their questions),” Roxas tweeted.

Meanwhile, De Lima expressed doubts over the intention behind the linking of her name to the GCTA issue when she has nothing to do with the controversy.

“I find this development highly irregular,” the lady senator said in a statement.

De Lima emphasized that the focus of the probe should be on whether or not the officials of the Bureau of Corrections (BuCor) followed the rules and reviewed the cases using the proper guidelines of releasing a convict under GCTA.

Roxas and De Lima were given three days to respond to the request of the Ombudsman.

Meanwhile, the Ombudsman has launched a fact-finding investigation to determine the alleged irregularities in the implementation of the GCTA law. — MNP (with reports from Joan Nano)

De Lima says Ombudsman request for explanation on GCTA rules ‘highly irregular’

Robie de Guzman   •   September 10, 2019

Senator Leila de Lima (File photo by Joseph Vidal/Senate PRIB)

MANILA, Philippines – Detained Senator Leila de Lima on Tuesday said she finds the request of the Office of the Ombudsman to explain the Implementing Rules and Regulations (IRR) of the Republic Act 10592, which increased the good conduct time allowance given to inmates, as “highly irregular.”

In a statement, De Lima confirmed she has received the letter of the Ombudsman directing her to explain or clarify in writing the IRR of the GCTA law.

Ombudsman Samuel Martires earlier wrote a letter, a copy of which was released to the media, requesting De Lima and Mar Roxas to explain the implementing rules they drafted for RA 10592.

READ: Ombudsman seeks De Lima, Roxas clarification amid probe on GCTA rules

De Lima was the Justice Secretary while Roxas was the Interior and Local Government chief when the law was enacted in 2013.

Martires wanted De Lima and Roxas to explain why the IRR they drafted only disqualifies from benefitting from the law those who are recidivists, who have been convicted previously twice or more times of any crime and those who failed to surrender before a court after being summoned.

The Republic Act 10592, which expanded the GCTA stated in the Revised Penal Code, excludes recidivists, habitual delinquents, escapees and persons charged with heinous crimes from its coverage.

“In this regard, this (Ombudsman) Office requests the submission, within three days from receipt hereof, of a written explanation/clarification on why the foregoing provision in the IRR does not contain the same disqualifications as enumerated in the last paragraph of Article 29 of the Revised Penal Code, as amended by Section 1 of R.A. 10592,” the letter read.

But De Lima noted the opening of the letter, which says the Office of the Ombudsman has “opened a fact-finding investigation on alleged irregularities in the implementation of the GCTA law.”

“Am I to be treated here as a resource person, a respondent, or a probable respondent?” she asked.

“Is this a set-up for me and Sec. Mar into taking the fall for the Sanchez-Faeldon scandal with which we have nothing to do?” she added.

De Lima said she finds this development “highly irregular,” and that she will have to consult her lawyers on the matter.

The senator was referring to earlier reports that convicted rapist-murderer, ex-Calauan mayor Antonio Sanchez could be among the 11,000 convicts eligible for early release due to the new GCTA rule.

The news sparked public outrage and led to Sanchez’s aborted release, President Rodrigo Duterte’s dismissal of Nicanor Faeldon as Bureau of Corrections (BuCor) chief and the Ombudsman’s order to suspend several BuCor officials linked to the questionable application of the GCTA law.

A series of Senate hearing on the issue also revealed the purported ‘GCTA for sale’ and ‘hospital pass for sale’ at the national penitentiary.

The said schemes allegedly involving several BuCor executives purportedly allow moneyed inmates to get hospital referrals and other prison benefits on the basis of tampered medical record that would make it appear that they need to be transferred to less congested facilities for health reasons.

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