The Sandiganbayan Fifth Division has denied Sen. Jinggoy Estrada’s bid to merge his graft and plunder cases involving the alleged receipt of P573 million from Department of Public Works and Highways (DPWH) flood control projects in 2025.

The anti-graft court ruled that the cases should proceed separately because they involve different projects, different transactions and different sets of accused.

Estrada’s graft case was raffled off to the Sandiganbayan Second Division, while a separate graft case and a plunder case were assigned to the Fifth Division after the Office of the Ombudsman filed the charges.

In a resolution dated 24 June, the Fifth Division said trying the cases separately would hasten, rather than delay, the proceedings.

The court noted that the graft case before the Second Division involves projects in Bulacan, while the cases pending before the Fifth Division involve flood control projects in the National Capital Region.

It also pointed out that three of Estrada’s four co-accused — former DPWH-NCR officials Denryl Caesar Cortuna, Manny Bulusan and Arturo Gonzales Jr. — are parties only to the Fifth Division cases.

“To consolidate these two cases involving wholly different acts or transactions would be to halt their progress in separate divisions so that they can be tried in the same proceedings, one after the other,” the resolution stated.

“In the process, three of the accused will be compelled to participate in proceedings to which they are complete strangers,” it added.

Consolidation cuts both ways

The Sandiganbayan also cited the Supreme Court’s ruling in Neri v. Sandiganbayan which held that consolidation is improper when cases arise from different factual circumstances, even if they involve the same accused.

The High Court noted that while consolidation may sometimes hasten proceedings, it can also produce unnecessary delays.

“In terms of its effect on the prompt disposition of cases, consolidation could cut both ways. It may expedite the trial or it could cause delays,” the ruling stated.

“The resulting inconvenience and expense on the part of the government cannot be given preference over the right to a speedy trial and the protection of a person’s life, liberty, or property,” it added.

With the motion denied, Estrada’s arraignment before the Fifth Division is expected to proceed on 30 June.

Meanwhile, the Second Division has entered a not guilty plea on the senator’s behalf and has scheduled the pretrial for 1 July.

Estrada and his co-accused are detained at the New Quezon City Jail-Male Dormitory in Payatas, Quezon Cit