Palace: Enrile, Estrada, Revilla can run in 2016 unless convicted

MANILA, Philippines – Deputy Presidential Spokesperson Abigal Valte affirmed the Commission on Elections’ (COMELEC) statement that the 3 senators – Juan Ponce Enrile, Ramon “Bong” Revilla Jr, Jinggoy Estrada – charged with plunder and graft cases in relation to the pork barrel scam, can run in the 2016 elections.

“That is consistent with the provision of our constitution that they are innocent until proven guilty. The filing of cases is only the first step,” Valte said in a radio interview on DZRB Saturday, June 14.

Revilla was being eyed as a presidential contender by opposition party Lakas-CMD, while Estrada was known to be harboring ambitions for the vice presidency and was said to be among those being considered by top presidential contender Jejomar Binay. The Vice President had previously announced he is putting up his own political party and is leaving his own Partido Demokratiko ng Pilipinas-Laban party (PDP-Laban) which has been beset by factionalism.

Valte said the senators can only be banned from running for election if they are convicted by 2016, according to the country’s election laws. A conviction, however, may be unlikely by that time, given the load of the anti-graft court or Sandiganbayan. (READ: Pork scam case to last beyond Aquino presidency?)

“The penalty depends on the conviction. We’re not talking about their disqualification from running yet because the courts have not yet started their hearings,” Valte said.

On Friday, June 13, Comelec chairperson Sixto Brillantes said in an interview that he doesn’t see any reason why the senators can be banned “unless they are convicted with finality.”

“They can still run for any position they want even if they are in jail,” Brillantes said.

But Estrada, Enrile, and Revilla cannot run for a senatorial seat. They are serving their second terms in office and hence, are not allowed by the Constitution to seek a third term. The Constitution is explicit in saying that no senator can serve for more than two consecutive terms.

On June 9, the Ombudsman filed several counts of graft against the 3 senators over the alleged pocketing of their development funds through fake non-governmental organizations (NGOs). The anti-graft court Sandiganbayan assigned the cases Friday, June 13, to the 1st, 3rd, and 5th divisions after a raffle was held.

Bail petitions?

Valte said that even if the accused officials are arrested, they may file motions for reconsideration on where they want to be detained and requests for bail.

“No one can stop them from filing their motions but the courts will decide where they should be detained. All movements will be up to the Sandiganbayan,” Valte added.

Enrile, who initially said he is ready to face charges filed against him, recently filed a bail petition due to his “old age and poor health.” (READ: Ahead of arrest, Enrile pleads for liberty)

“He is using his age and health for the petition? Well, that will be up to the court to determine whether there is basis,” Valte said. 

She added that there are many factors considered by the courts before they allow the petition for bail. Just because they are allowed bail doesn’t mean the cases against them are weak, Valte noted. “What they say in front of the media is different from what they say to the judges.”

‘It will take time’

The Palace also noted it might take some time before the accused senators are arrested.

“That is not out of the ordinary considering the voluminous documents that have been submitted as part of the evidence of the Ombudsman to support the filing of charges against, not just the 3 senators, but also all the respondents that are included in the multiple cases that have been filed,” Valte said.

She added the Sandiganbayan needs time to review the evidence filed. “It’s not just the complication of the case but the sheer volume of documents. They will have to go through all of that. We won’t be surprised if they will need some time,” Valte said.

On Independence Day, June 12, various groups called on President Benigno Aquino III to hasten the action against government officials involved in the pork barrel scam, including his own allies.

The pork barrel scam was exposed in early 2013 when whistleblower Benhur Luy revealed that non-governmental organizations (NGOs) were siphoning off government funds for the benefit of certain politicians. The 3 senators were among the first officials whom the Department of Justice (DOJ) filed cases against. – Rappler.com