Sen. Jinggoy Estrada has filed a petition for bail in his plunder case before the Sandiganbayan Fifth Division, days after it denied the senator’s motion to post bail.
In a seven-page petition received by the Fifth Division on Wednesday but was only furnished to the media on Thursday, Estrada said he is entitled to bail on the ground that the evidence of his guilt is not strong.
‘Senator Jinggoy Ejercito Estrada respectfully prays that the Honorable Court immediately admit him to bail in such amount as the Honorable Court may fix and order his release upon posting of the bail,’ the petition stated.
Estrada’s previous motion to post bail seeks to have the court set the amount of bail he may post for his temporary liberty.
However, the Fifth Division noted that it was still premature to fix the bail of Estrada.
Before bail may be granted, the court said it must first determine whether the evidence of guilt is strong, which could only be done during a hearing once Estrada camp files a petition for bail.
‘There will be bail hearings for the reception of evidence,’ the senator’s lawyer Laurence Arroyo told Inquirer in a text message. ‘The burden is on the prosecution to establish that evidence of guilt is not strong.
Estrada is facing a non-bailable plunder case and two counts of graft in the anti-graft court stemming from alleged ‘intricate mechanism involving illegal budgetary insertions and project allocations’ within the Department of Public Works and Highways’ infrastructure portfolio for fiscal year 2025 worth P573.7 million, according to prosecutors.
‘There is no strong evidence that during the period of July of 2024 to March of 2025, accused Estrada, directly or indirectly, through a combination or series of overt or criminal acts, amassed, accumulated or acquired ill-gotten wealth or unjustly enriched himself in the amount of P573,750,000, or any amount for that matter,’ the petition stated.
The petition also said there is no strong evidence that accused Estrada and former Department of Public Works and Highways chief Manuel Bonoan ‘willfully and unlawfully facilitated, or otherwise caused, any DPWH infrastructure or flood control project to be included or inserted’ in the National Expenditure Program, the House General Appropriations Bill, the Bicameral Conference Committee Report and/or the General Appropriations Act, for fiscal year 2025.
State prosecutors have filed a motion to amend the case information to drop Bonoan from the plunder case.
They filed this motion after Bonoan agreed to become a state witness to testify against several personalities implicated in the flood control scandal.
Bonoan has been under hospital arrest in the Philippine National Police General Hospital while Estrada has been detained since June 1.