Estrada seeks bail for plunder, says evidence 'not strong'

The camp of Senator Jinggoy Estrada filed a petition for bail at the Sandiganbayan Fifth Division which presides over his case of plunder related to his alleged receipt of P573 million in infrastructure project kickbacks between 2024 to 2025.

In the petition submitted to the anti-graft court on Wednesday, 29 July, Estrada’s lawyers believed that the evidence meant to establish their client’s guilt was not strong, stressing that the prosecution had the “high burden” to prove that he had in fact committed the alleged crime.

“There has been no showing that the evidence against accused Estrada is strong. The Honorable Court issued a warrant of arrest against him on the basis merely of ‘probable cause,’ which is a much lower proof than ‘strong’ evidence,” the document read.

To recall, the senator was accused of receiving a “commitment” of 25 percent from projects under the Department of Public Works and Highways (DPWH) from Public Works officials Roberto Bernardo and Henry Alcantara.

It was likewise alleged that Estrada along with former DPWH Secretary Manuel Bonoan had purportedly inserted flood control projects under the National Expenditure Program, the House General Appropriations Bill, the Bicameral Conference Committee Report, and the General Appropriations Act for the year of 2025.

The senator’s lawyers denied that such allegations constituted strong evidence that Estrada conspired with DPWH officials namely Bonoan, Denryl Cortuna, Manny Bulusan, and Arturo Gonzales Jr. to commit the act of plunder.

“Premises considered, accused Senator Jinggoy Ejercito Estrada respectfully prays that the Honorable Court immediately admit him to bail in such amount as the Honorable Court may fix and order his release upon posting of the bail,” the petition stated.

Notably, the anti-graft court court had earlier denied the motion of Estrada to fix bail for his case, stating that the request was "premature" and "devoid of legal basis."

A petition for bail and a motion to fix bail are different legal remedies as the latter requires for the right of an accused to seek bail has already been established under the court which is sought through a petition.

Estrada has been detained at the Quezon City Jail - Male Dormitory in Payatas since his arrest and has yet to be arraigned for his case of plunder due to a motion of the Office of the Ombudsman to dismiss the charges against Bonoan who they stated was going to be used as a witness for the flood control scheme.

In a related development, Senator Rodante Marcoleta’s co-accused in former congressman Mike Defensor and businessman Joseph Espiritu also sought for bail over a plunder charge concerning the campaign donations that Marcoleta received in the previous national elections.

Similar to Estrada, the camp of Defensor and Espiritu also maintained that the evidence against their clients was not strong.

The case against Marcoleta alleged that the then congressman amassed ill-gotten wealth through his receipt of P75 million from his co-accused that went undeclared on his Statement of Assets, Liabilities, and Net Worth (SALN) and Statement of Contributions and Expenditures (SOCE) in 2025.