(GMA NEWS) The Sandiganbayan has denied an appeal seeking to reinstate the conviction of Senator Jose “Jinggoy” Estrada on one count of direct bribery and two counts of indirect bribery.
In an eight-page ruling dated November 27, the anti-graft court dismissed the motion for reconsideration filed by the prosecution, saying it cannot revisit the case due to double jeopardy.
Under the rule of double jeopardy, when a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the consent of the accused, the latter cannot again be charged with the same or identical offense.
“Besides, the instant motion seeks to revisit the factual findings of Estrada’s acquittal that would place the latter in double jeopardy,” the court said.
“His acquittal cannot be assailed under the guise of a motion for reconsideration as the first jeopardy has already attached which will be discussed hereunder,” it added.
In August, the Sandiganbayan cleared Estrada of charges in connection with the alleged misuse of P183 million in Priority Development Assistance Fund (PDAF) allocations due to lack of evidence.
Earlier in the year, Estrada was acquitted of plunder but found guilty of bribery.
In their motion, the prosecution argued that the Sandiganbayan erred when it reversed the first ruling that found Estrada guilty. The prosecution also argued that indirect bribery and direct bribery are essentially the same.
However, the court said the arguments of the prosecution have already been discussed.
“At the outset, the issues raised by the prosecution were already discussed rigorously in the assailed resolution and there is no need to belabor the same. It would be a useless ritual for the Court to reiterate itself,” it said.
In a statement, Estrada said he was expecting the court to rule in his favor, saying this “vindication” would allow him to concentrate on his work as a senator.
“Bagama’t inaasahan ko na ang desisyong ito, umasa pa rin ako na papanig sa akin ang korte dahil sa naunang desisyon ay sinabi nila na walang merito o batayan ang kasong direct at indirect bribery,” Estrada said.
(Although I anticipated this decision, I still hoped that the court would side with me because, in their previous ruling, they stated that the case of direct and indirect bribery lacked merit or basis.)
“Patunay lamang ito ng matagal ko nang pinanghahawakan – ang kawalan ng basehan ng mga paratang laban sa akin; hindi ko ginamit ang pondo ng bayan para sa pansariling kapakinabangan o para pagtakpan ang anumang gawain na labag sa batas,” he added.
(This only proves what I have long maintained—that the allegations against me are unfounded; I did not use public funds for personal gain or to cover up any illegal activities.)—Joahna Lei Casilao and Hana Bordey/AOL, GMA Integrated News