DOCUMENTS: SC decision, dissent in upholding Estrada plunder

MANILA, Philippines – The Supreme Court (SC) en banc voted 6-4-4 to uphold the Ombudsman’s plunder indictment of former senator Jinggoy Estrada, currently undergoing trial at the anti-graft court Sandiganbayan.

Associate Justices Presbitero Velasco Jr (newly retired) and Lucas Bersamin were two of the 4 dissents, who expressly voted to acquit him.

Associate Justices Diosdado Peralta and Andres Reyes Jr voted to dismiss Estrada’s petition likely because they said it was already moot. But Peralta and Reyes said there was a deficiency in the Estrada indictment. They were counted as dissents in the SC announcements.

A court insider told Rappler Velasco was originally the member-in-charge of the petition, but because he was outvoted the case was reassigned to Acting Chief Justice Antonio Carpio whose dissent won and became ponencia.

Here’s the voting:

Concur

1. Acting Chief Justice Antonio Carpio
2. Associate Justice Teresita Leonardo de Castro
3. Associate Justice Mariano del Castillo
4. Associate Justice Estela Perlas-Bernabe
5. Associate Justice Marvic Leonen
6. Associate Justice Noel Tijam

Dissent

1. Associate Justice Presbitero Velasco Jr (newly retired)
2. Associate Justice Lucas Bersamin
3. Associate Justice Diosdado Peralta
4. Associate Justice Andres Reyes Jr

Inhibited

1. Associate Justice Francis Jardeleza
2. Associate Justice  Benjamin Caguioa
3. Associate Justice Samuel Martires (newly-appointed Ombudsman)
4. Associate Justice Alexander Gesmundo

Read Carpio’s ponencia:

Read Velasco’s dissent, adopted by Bersamin:

Read Peralta’s separate dissenting and concurring opinion, adopted by Reyes:

Read Leonen’s concurring opinion:

Read Tijam’s concurring opinion:

– Lian Buan/Rappler.com