The Sandiganbayan has allowed Senator Jinggoy Estrada to seek outright dismissal of his P183-million graft raps in connection with the pork barrel scam.
The anti-graft court handed down a 10-page resolution on Monday, granting Estrada's motion for leave to file demurrer to evidence, an appeal used to junk a case due to insufficient evidence.
Estrada had the Sandiganbayan's imprimatur to challenge the sufficiency of the prosecution's evidence to sustain a verdict of violation of the Anti-Graft and Corrupt Practices Act (RA 3019).
Estrada faces 11 counts of graft for allegedly embezzling P183 million of his Priority Development Assistance Fund from 2004 to 2010 channeled to dubious non-government organizations owned by Janet Lim Napoles in exchange for kickbacks.
The pork barrel, supposedly used to implement projects, was instead used to fund projects that turned out to be ghost or non-existent.
In January, the senator walked free from plunder charge but was found guilty of one count of direct bribery and two counts of indirect bribery.
The anti-graft court meted 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 hefty fine on top of his conviction.
In his bid to obstruct the case's progression, Estrada asserted his innocence in the crime charged, saying no proof was imputed against him, which he supposedly committed with manifest partiality and bad faith.
He also claimed that the prosecution fell short of proving that he acted in concert with his co-accused in the illicit pillaging of public funds.
The court ruled, "After a careful examination of the totality of the evidence presented by the prosecution, both testimonial and documentary, the court resolves to grant the present motion of herein accused, to sufficiency of the prosecution's evidence establishing the material elements of the offense charged to support a judgment of guilt."
Estrada, who was detained twice over plunder, managed to be out of jail by posting bail in 2017.
