The Supreme Court has cleared the way for the Sandiganbayan to proceed with the graft charges against Sen. Jinggoy Estrada related to alleged corruption in his Priority Development Assistance Fund (PDAF).
In a statement released by the Supreme Court on Wednesday, October 29, its en banc dismissed Estrada’s petition for certiorari challenging his prosecution for graft, specifically rejecting his argument that the charges should be dropped because they were “absorbed” by his now-dismissed plunder case.
The high court dismissed Estrada’s petition, effectively giving the go-signal for his 11 counts of violation of Republic Act (RA) 3019, or the Anti-Graft and Corrupt Practices Act, to be prosecuted separately.
According to the high court, Estrada had contended that his graft charges should be dismissed because they were “deemed absorbed” by the plunder charges under Republic Act No. 7080.
However, the SC rejected this absorption principle, affirming that the two offenses punish distinct wrongs.
The Court pointed out that the wrong punished under graft RA 3019 involves giving an “unwarranted benefit, advantage or preference” to a private individual separate from the public officer.
Conversely, plunder RA 7080 punishes the public officer himself for directly benefiting or unjustly enriching himself, according to the high court.
The high court also said that the component act of graft cannot be absorbed by the predicate acts of plunder, except in rare instances where the same public officer is both the giver and the recipient of the unwarranted benefit.
Plunder petitions mooted by acquittal. The high court said that it also dismissed Estrada’s other petitions for certiorari related to the plunder charges, but on grounds of being moot and academic.
The Supreme Court said that it took judicial notice of the Sandiganbayan’s decision dated Jan. 19, 2024, which acquitted Estrada of the plunder charges.
This acquittal, according to the high court, resolved the issues raised in those specific petitions.
The original charges filed by the Ombudsman involved:
Plunder for alleged ill-gotten wealth totaling at least P183.79 million from kickbacks and commissions received from Janet Lim Napoles.
Eleven counts of graft involving fund releases amounting to an estimated P255.11 million drawn from his PDAF.
On October 2, the Sandiganbayan denied the demurrer to evidence filed by Estrada concerning his graft cases in connection with PDAF.
Other possible cases for Estrada. On Wednesday, the Independent Commission on Infrastructure also recommended that the Office of the Ombudsman file charges under anti-graft laws against several lawmakers over alleged corruption in flood control projects.
Among these lawmakers is Estrada, who was implicated by former district engineer Brice Hernandez, allegedly receiving kickbacks in anomalous projects worth P355 million in Bulacan.
Hernandez also claimed that Estrada received 30% from these projects, all of which Estrada denied.