The trial on the pending graft cases of Senator Jinggoy Estrada related to the infamous pork barrel scam will still proceed after the Sandiganbayan dismissed his petition to drop it, citing double jeopardy. 

In a resolution dated 1 October, the anti-graft Special Fifth Division ruled that the dismissal of Estrada’s plunder case does not automatically warrant the dismissal of his graft cases.

This contradicts Estrada’s position that he can no longer be charged with graft because the predicate acts for such offense were already used as the basis for the plunder charge, and therefore proceeding with the trial amounts to double jeopardy.

The senator vigorously argued that since he was already acquitted of plunder, a separate prosecution for graft was unnecessary, as it arose from the same set of facts and transactions.

The court, however, pointed out that the plunder law (RA 7080) and the graft law (RA 3019) are distinct from each other, allowing a prosecution to operate independently and the accused to be charged with two offenses. 

“Nowhere in the Rules of Court, RA No. 7080, RA No. 3019, or jurisprudence is there a directive to dismiss a separately instituted case for violation of RA No. 3019 on account of the charge being a predicate act in a prior case for plunder,” the court resolution read.

Estrada is still facing 11 counts of graft in the Sandiganbayan despite being acquitted of plunder in January last year. Seven months later, the court reversed the earlier ruling and exonerated him of direct and indirect bribery. 

The case against the senator concerns the allocation of more than P200 million of his pork barrel, or the Priority Development Assistance Fund, to dubious non-government organizations owned by Janet Lim Napoles.

Investigation revealed that the PDAF-funded projects were ghost or non-existent and that Estrada allegedly received P183 million kickbacks from Napoles.

In his motion, Estrada insisted that the prosecution failed to prove that he was aware of Napoles’ scheme or that he was complicit with his co-accused to commit corruption. 

The prosecution, however, contended that it was Estrada's own legislative fiat that determined how his PDAF allocations were released and utilized, and that he not only pre-selected the agencies that would implement his projects but even recommended Napoles’ bogus NGO.

“According to the prosecution, these endorsements were precisely his contribution to the conspiracy to ensure that his PDAF is promptly released by the IAs (implementing agency) to the NGOs of accused Napoles,” the resolution further read.

“Estrada's endorsement letters directly implicate him for the crimes charged and there is no basis for his argument that his letters were merely recommendatory,” it added.

In denying the motion, the Sandiganbayan cited the testimony of pork barrel scam state witness, Ruby Tuason, who told the court that she personally delivered the kickbacks to the senator on various occasions at the Senate and his private residence.

Aside from pork barrel, Estrada is facing another corruption complaint related to the fraudulent flood control projects. 

Estrada, alongside Senator Joel Villanueva, was accused of receiving at least 30 percent kickback from a P300 million flood control project in Bulacan, while Villanueva was alleged to have benefited from P600 million worth of the same projects.

As for the pork barrel scam, Estrada was charged with plunder and graft, among others, along with then senators Juan Ponce Enrile and Bong Revilla. 

Like Estrada, Enrile, and Revilla were also exonerated of plunder. However, unlike Revilla, who already absolved 16 counts of graft, Estrada and Enrile still have pending graft cases in the Sandiganbayan.