The three senators accused of plunder in connection with the P10-billion pork barrel fund scam have all opposed a request by the Office of the Ombudsman for the creation of special courts that will exclusively handle criminal cases stemming from the mess.
In a comment he submitted to the Supreme Court, Senator Jinggoy Estrada said creating special divisions of the Sandiganbayan would raise “equal protection” and “due process” issues as it departs from established rules, procedures, and practices of the Sandiganbayan.
He also said that the “national magnitude” and complexities of issues involved in the case were not compelling reasons to create special divisions.
“The three Sandiganbayan divisions to which the PDAF cases were raffled on 13 June 2014, are all capable to hear and try the PDAF cases, thus, obviating any need to create special divisions,” Estrada said.
Senator Juan Ponce Enrile, in a separate comment, said assigning special courts would “subvert the carefully crafted system” of raffling off cases, which he said was intended to ensure that members of the court that will preside over a case are and appear to be independent and impartial.
“Considering the highly charged and biased environment prevailing in regard these cases, and that the request is made by the Ombudsman, the impression that may be created is that the Supreme Court has now joined the clamor for the condemnation and punishment of those involved in the so-called PDAF cases, including the accused in the case,” Enrile said.
Senator Ramon “Bong” Revilla Jr. said he saw no substantial distinction between the criminal cases filed against him and the other cases currently being handled by the anti-graft court.
“To create special divisions specifically to try such cases are plainly discriminatory and unwarranted,” Revilla said.
Both Estrada and Revilla are currently detained at the Philippine National Police headquarters at Camp Crame in Quezon City, while Enrile’s arrest warrant has yet to be issued.
The three lawmakers’ comments were among the latest comments received by the Supreme Court, which on Wednesday once again deferred ruling on the Ombudsman’s request for the creation of special divisions, pending the submission of the comments of the remaining respondents in the plunder and graft cases filed with the Sandiganbayan.
Earlier, the Sandiganbayan, in its four-page comment, said all cases related to the massive fraud should be assigned to the existing divisions “to be fair to the persons involved in the said cases, as well as those who are facing charges in other cases pending before the Sandiganbayan.”
“After a thorough discussion, the majority of the justices of the Sandiganbayan is of the view that there is no compelling reason and or imperative need to create a special division or divisions to try the criminal cases filed by the Office of the Ombudsman relative to the disbursement and use of the PDAF,” the court said in its comment.
Sandiganbayan Presiding Justice Amparo Cabotaje-Tang and all of the 13 other magistrates signed the document. —NB, GMA News
