SC rejects creation of special courts for PDAF cases

MANILA, Philippines – The Supreme Court (SC) denied the Ombudsman’s request for the creation of two special divisions within the anti-graft court Sandiganbayan to exclusively try the pork barrel scam cases. 

In its en banc session Tuesday, September 23, the High Court said the Ombudsman failed to “show a compelling need” for the special courts.

The letter of request which Ombudsman Conchita Carpio-Morales submitted to SC Chief Justice Maria Lourdes Sereno last June 6 asked for the special divisions, citing “the complexities of the issues involved” and “the number of accused” in the multi-million-peso pork barrel scam.   

But the SC said the reasons given by the Ombudsman “lack sufficient basis,” including the argument that the cases are of “national magnitude” and have “far-reaching consequences.”

The High Court added that the Sandiganbayan justices handling the cases have so far “shown competence to deal with the various issues” cited by the Ombudsman.

Sandiganbayan spokesperson Renato Bocar said the denial won’t affect the progress in the pork scam cases.

“Nakikita naman natin na nakakaya naman ng mga regular divisions (We see anyway that the regular division are capable of handling the cases),” Bocar said in a chance interview with reporters.

Millions of pesos in Priority Development Assistance Fund (PDAF) or pork barrel – a lump sum allocated to lawmakers and meant for their pet community development projects – were siphoned off to private foundations associated with alleged scam mastermind Janet LimNapoles.

The principal accused – senators Ramon “Bong” Revilla Jr, Jinggoy Estrada, and Juan Ponce Enrile – allegedly received kickbacks for endorsing Napoles’ dummy NGOs.

Unlike the older Estrada’s case

Internal rules of the Sandiganbayan allows for the creation of special divisions within the court “where compelling reasons and the interest of justice so require.”

In 2002, the SC issued a resolution creating a special division to hear and decide the plunder and other cases against former President now Manila mayor Joseph “Erap” Ejercito Estrada and his co-accused.

Twelve years later and in relation to the current cases of Erap Estrada’s son Jinggoy and others, the SC said the conditions in the older Estrada’s cases are unlike his son’s.

“A necessity to create the special division was shown” for Erap’s plunder trial due to the “recurrent changes in the Court’s composition” caused by “impending retirements and relationships” that “the former President had with some justices who opted to inhibit from the case,” the SC said.

Sought for comment by the SC before its deliberations on the matter, the Sandiganbayan previously said the special courts are not needed. (Sandiganbayan tells SC: No need for PDAF special courts)

This is a sentiment shared by most of the PDAF accused. – Rappler.com