In the anti-graft court’s resolution dated 24 June, it was explained that the reason that the charges were tried in different courts was meant to expedite the proceedings on cases that were involved with different flood control projects.
The case of graft handled by the Second Division was said to have concerned projects in Bulacan while the other case was focused within the National Capital Region (NCR).
The court also argued that three out of four of the senator’s co-accused were not included in both cases, namely former DPWH NCR officials Denryl Caesar Cortuna, Manny Bulusan, and Arturo Gonzales Jr.
“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 read.
“In the process…three of the accused will be compelled to participate in the proceedings they are complete strangers to,” it added.
As part of its further justification, the Sandiganbayan cited a ruling from the Supreme Court case of Neri v. Sandiganbayan wherein a similar issue was tackled.
There the precedent that cases with different circumstances should be separated despite concerning similar individuals was set as it ultimately determined that cases with varying variables may only serve to delay one another rather than lead to a swifter process.
“In terms of its effect on the prompt disposition of cases, consolidation could cut both ways. It may expedite the trail or it could cause delays,” the ruling mentioned.
“The resulting inconvenience and expense on the part of the government cannot not be given preference over the right to a speedy trial and the protection of a person’s life, liberty or property,” it explained.
With the Fifth Division's denial of the motion, it is anticipated that the arraignment of Estrada for the case would continue on 30 June as mentioned in his most recent hearing at the court.
On the other hand, after the Second Division entered a not guilty plea on behalf of the senator, the pre-trial date for the case was set for 1 July.
Estrada along with his co-accused are currently held at the New Quezon City Jail - Male Dormitory in Payatas, Quezon City.