The Sandiganbayan has found Senator Jinggoy Estrada guilty of one count of direct bribery and two counts of indirect bribery but absolved him in the P183-million plunder case involving the alleged misuse of his pork barrel from 2004 to 2010.
In a 396-page ruling handed down on Friday, the Sandiganbayan Fifth Division sentenced the lawmaker to 8 to 9 years behind bars for direct bribery and 2 to 3 years for indirect bribery with special temporary disqualification, temporary absolute disqualification, and perpetual special disqualification from the right of suffrage.
Estrada was also ordered to pay a P3 million fine on top of the conviction.
Pork barrel scam mastermind Janet Lim Napoles likewise walked free from the plunder charge but was found guilty of seven counts of corruption of public officials.
She was ordered to pay a P29,625,000 fine and to indemnify the government in the amount of P262,034,000 at six percent interest per annum.
The case pertained to allocating Estrada’s P183-million pork barrel fund, officially known as the Priority Development Assistance Fund, to dubious non-government organizations owned by Napoles to implement projects that turned out to be non-existent.
In June 2014, the Ombudsman charged Estrada and Napoles and their co-accused with plunder. Estrada was accused of receiving millions in kickbacks from Napoles in the PDAF scam.
Lump sum fund
The PDAF allocated to lawmakers was a lump sum discretionary fund intended for key projects that local government units could not fund. It was declared unconstitutional by the Supreme Court in November 2013 for being a source of corruption.
Napoles, the principal in the scheme, was convicted in 2018 and is currently serving a sentence for plunder and graft related to the pork barrel scam. She was acquitted in two separate cases in 2023.
Apart from Estrada, among the high-profile officials linked to Napoles and her plunder schemes were Senator Bong Revilla and Chief Presidential Legal Counsel Juan Ponce Enrile. Revilla escaped criminal liability in 2021, while Enrile still has a pending plunder case.
Estrada, who was detained twice over plunder, managed to get out of jail by posting bail in 2017.
In clearing Estrada of corruption, the Sandiganbayan said that while the endorsement letters bore his signature, “such act will not suffice to ascertain his liability as a co-conspirator.”
“Criminal intent on the part of Senator Estrada is absent in this case. Although he may be negligent for not monitoring his PDAF, his chief of staff Pauline Labayen’s involvement in its diversion is incontrovertible,” the court ruled.
Estrada was also indicted for plunder alongside his father, then president Joseph Estrada, over allegations they had amassed P4 billion from jueteng operations, among others. He was acquitted in 2007.
Final and executory
Reacting to the Sandigan verdict, Senate President Juan Miguel Zubiri said Estrada may still perform his duties as a senator until the court’s decision becomes executory.
“He can still file a motion for reconsideration with the Sandiganbayan. He can still file an appeal by certiorari with the Supreme Court,” Zubiri said in a statement on Friday.
“Unless and until the decision becomes final and executory, Senator Jinggoy is duty-bound to continue performing his functions as a senator of the Republic,” he added.
Respect ruling
Meanwhile, Estrada’s half-brother, Senator Joseph Victor “JV” Ejercito, called on the public to respect the Sandiganbayan’s ruling.
“I urge everyone to respect the wisdom and fairness of our justice system. Our justice system, despite its imperfection, is there to maintain law and order, protect our rights, and provide justice,” Ejercito said in a separate statement.
“I am sure that his legal team will exhaust all legal remedies in those cases he was convicted for. I wish him well and will continue to pray for Senator Jinggoy Estrada and his family,” he added.
