📋 Tender Overview
Senator Jinggoy Estrada (PNA file photo)
MANILA – The Supreme Court has ruled to dismiss petitions filed by Senator Jinggoy Estrada challenging the graft and plunder cases filed against him for alleged misuse of his Priority Development Assistance Fund (PDAF).
In a decision dated Oct. 28 the SC en Banc dismissed Estrada’s petitions for certiorari involving the plunder cases filed against him for being moot and academic.
“The Court took judicial notice of the Sandiganbayan Decision dated January 19 2024 acquitting Senator Estrada of the plunder charges which rendered the said Petitions moot and academic” the court said.
The Court likewise dismissed his petitions for certiorari in the graft cases rejecting Estrada contention that his graft charges are “deemed absorbed” by his plunder charges.
The Ombudsman had initially found probable cause to indict Estrada and Janet Lim Napoles along with several other public officials and private individuals before the Sandiganbayan for plunder pertaining to Estrada’s alleged ill-gotten wealth in the sum of at least PHP183.793 million representing kickbacks or commissions allegedly received by him from Napoles in connection with the PDAF scam.
He was also indicted for violation of the Anti-Graft and Corrupt Practices Act involving fund releases amounting to an estimated PHP255.114 million drawn from Estrada’s PDAF and coursed through different foundations as reflected in disbursement vouchers.
The Court said “giving any private party any unwarranted benefit advantage or preference” under the Anti-Graft and Corrupt Practices Act (RA 3019) cannot be absorbed by the acts enumerated under the Anti-Plunder Act (RA 7080).
The Court said the absorption principle -- where one offense merges into another-- does not apply between graft and plunder except in rare cases where the same public officer is both the giver and recipient of the unwarranted benefit.
“The decision effectively affirms that violations of Republic Act No. 3019 may be prosecuted separately from plunder” the SC added. (PNA)
