
MANILA — The Sandiganbayan has denied Senator Jinggoy Estrada’s request to consolidate the plunder and graft cases filed against him in connection with alleged irregularities involving flood control projects.
In a report, it said that in an eight-page resolution dated June 24, the anti-graft court ruled that the cases stem from separate transactions and that consolidating them could delay proceedings, particularly the plunder case, which carries a non-bailable charge.
The Sandiganbayan Fifth Division said that while the plunder and graft cases involve common factual issues, a joint trial would not serve the purpose of consolidation and could instead hamper the progress of the proceedings.
“While indeed the plunder case shares a common question of fact with each of the anti-graft cases, a consolidation of these cases would defeat the purpose of consolidation and impede the progress of the latter. The crime of plunder carries a penalty of reclusion perpetua to death. It is basic that bail cannot be allowed without a prior hearing to a person charged with an offense punishable with reclusion perpetua or life imprisonment,” the Sandiganbayan Fifth Division said.
Under the ruling, Estrada would need to file a petition for bail and obtain court approval before being granted temporary liberty in the plunder case.
The court noted that hearings on bail petitions in the plunder case could delay the resolution of the graft cases, which are bailable offenses and may proceed directly to trial.
“Should a consolidation or joint trial be effected and either or both anti-graft cases be tried jointly with the plunder case, they stand to be stalled for as long as the court conducts hearings on the bail petitions. Proceeding independently, on the other hand, the anti-graft cases, which do not require a bail hearing, may go directly to trial,” the Sandiganbayan added.
Estrada’s co-accused in the plunder case include former Public Works Secretary Manuel Bonoan, Department of Public Works and Highways National Capital Region District Engineers Manny Bulusan and Arturo Gonzalez Jr., and Assistant District Engineer Denryl Caesar Cortuna.
The senator has separate graft cases pending before the Sandiganbayan Second and Fifth Divisions.
The court also pointed out that Estrada’s arraignment in the graft case before the Second Division had already been conducted. After he declined to enter a plea, the court entered a not guilty plea on his behalf.
Bonoan is Estrada’s lone co-accused in the graft case pending before the Second Division.
“Proceeding on its own, with only two accused instead of five, it (graft charge in the Second Division) cannot stand to benefit from being consolidated with a case with pending petitions for bail against three more accused,” the Sandiganbayan pointed out.
Apart from the flood control-related cases, Estrada is also facing 11 graft charges before the Sandiganbayan Fifth Division over his alleged misuse of Priority Development Assistance Fund (PDAF) allocations. The cases have remained pending since 2014.




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