(ABS-CBN NEWS) MANILA — The Sandiganbayan has upheld its earlier decision to acquit Senate President Pro Tempore Jose “Jinggoy” Estrada of indirect bribery and direct bribery.
Jinggoy Estrada wins appeal in direct, indirect bribery conviction
In a resolution promulgated on November 27, the anti-graft court’s Special Fifth Division denied the prosecution’s motion for reconsideration and Estrada’s preemptory challenge and motion to expunge for “utter lack of merit.”
“Accordingly, the resolution dated August 22,2024 hereby stands,” it said in the eight-page resolution.
The Sandiganbayan also acknowledged the manifestation filed by Estrada.
Last August, the anti-graft court reversed its decision and cleared Estrada of one count of direct bribery and two counts of indirect bribery due to lack of evidence. This case stemmed from the P183 million of alleged kickbacks from “fake projects” in collusion with businesswoman Janet Lim Napoles.
The prosecution argued that indirect bribery and bribery are the same except that the latter crime requires the existence of a deal between the public officer and the one giving the bribe “to perform or refrain from doing an act in consideration of the gift.”
“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.
“The instant motion seeks to revisit the actual findings of Estrada’s acquittal that would place the latter in double jeopardy. His acquittal cannot be assailed under the guise of a motion for reconsideration as the first jeopardy has already attached,” the resolution further read.
The anti-graft court earlier said the prosecution failed to establish Estrada’s guilt beyond reasonable doubt. It cited the lack of other evidence to prove that money was sent to Estrada.