Elizabeth Marcelo – The Philippine Star
MANILA, Philippines — For lack of merit, the Sandiganbayan has upheld the acquittal for plunder of presidential legal counsel Juan Ponce Enrile, his former chief of staff Jessica Lucila Reyes and detained pork barrel scam mastermind Janet Lim-Napoles.
The plunder cases stemmed from Enrile’s alleged receipt, through Reyes, of P172.83 million in commissions from Napoles in exchange for the allocation of his Priority Development Assistance Fund to the businesswoman’s bogus non-government organizations during his term as a senator from 2004 to 2010.
In a 17-page resolution promulgated on May 29, the anti-graft court’s Special Third Division denied “for lack of merit” the motion for reconsideration filed by the Office of the Ombudsman’s prosecution panel.
The prosecution reportedly failed to establish that Enrile and his co-accused committed a series of “overt criminal acts” to amass ill-gotten wealth of about P50 million, the threshold for plunder.
No documentary evidence or witnesses were presented to prove that Enrile or Reyes received commissions or kickbacks from Napoles or her representatives, the court noted.
“As a rule, the prosecution cannot appeal or bring as an error the proceedings from a judgment rendered in favor of the defendant in a criminal case due to the final and executory nature of a judgment of acquittal and the constitutional prohibition against double jeopardy,” the ruling read.
Associate Justice Ronald Moreno penned the ruling. Associate Justices Bernelito Fernandez and Michael Frederick Musngi concurred.
Enrile was granted bail by the Supreme Court in 2015 for “humanitarian consideration,” citing his health and age.
Reyes was released from the Taguig City Jail Female Dormitory in January 2023 after nearly nine years of detention.
Napoles remains detained at the Correctional Institution for Women in Mandaluyong City.