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Sandiganbayan tells SC: No need for PDAF special courts

Buena Bernal

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Sandiganbayan tells SC: No need for PDAF special courts
The anti-graft court says the creation of special divisions 'could lead to a conflict with the other equally important cases being handled and tried by the justices'

MANILA, Philippines – The anti-graft court on Monday, June 16, formally informed the Supreme Court (SC) that it doesn’t see the need to create special divisions that would exclusively try the multi-billion-peso pork barrel scam cases involving lawmakers, government officials, and some private individuals.

The Sandiganbayan earlier indicated its position on the matter when it decided to push through with the raffle of the cases last Friday despite the request filed by the Ombudsman before the high court to create two special divisions. (READ Rappler’s earlier exclusive report: No need for special court to hear pork scam cases)

 

“After a thorough discussion, the majority of the justices of the Sandiganbayan is of the view that there is no compelling reason, and/or imperative need, to create a special division, or divisions, to try the criminal cases filed by the Office of the Ombudsman relative to the disbursement and use of the PDAF,” the Sandiganbayan said in its 3-page comment filed with the SC.

PDAF stands for Priority Development Assistance Fund, a lump sum intended for community development pet projects of lawmakers implemented through various agencies.

The SC sought for the side of the accused in the scam and of the Sandiganbayan, after Ombudsman Conchita Carpio-Morales requested Chief Justice Maria Lourdes Sereno to create the special courts.

Morales argued that “the complexities of the issues involved, the number of accused” in the cases the creation of two special divisions in the anti-graft court, citing the Sandiganbayan’s internal rules that allow this “where compelling reasons and the interest of justice so require.” 

In their comment before the SC, the Sandiganbayan justices said granting Morales’ request “could lead to a conflict with the other equally important cases being handled and tried by the justices who will be assigned” to the special divisions. This will adversely affect the other cases they’re handling, they said, as the justices will definitely prioritize the pork scam cases.

Still, the Sandiganbayan committed to heeding “the clarion call to speed up” the resolution of cases.

The anti-graft court, however, said the call for speedy justice involves all the cases it is handling and not just the cases over the illegal diversion of lawmakers’ PDAF to ghost projects of dubious non-governmental organizations linked with alleged scam mastermind Janet Lim Napoles.

Accused’s opinions

The accused have varying opinions on the proposed creation of special courts.

Notably, Senator Ramon Revilla Jr’s lawyer argued that the special courts are “unnecessary and incongruent with the Equal Protection Clause of the Constitution” as “it amounts to discriminating against pending cases that are similarly urgent, similarly involve complex issues and of similarly far-reaching consequences.” 

Senators Revilla, Juan Ponce Enrile, and Jinggoy Estrada are charged with plunder and graft before the Sandiganbayan over the scam, along with their aides, officials of implementing agencies, and Napoles.

Enrile’s former chief of staff Jessica Lucila Reyes said the special courts would be “repugnant,” as they create “the impression that the regular divisions” cannot achieve the desired objective of speedy justice when it comes to cases of “national magnitude” and “far-reaching consequences.”

At the Sandiganbayan, Revilla’s cases have been assigned to the 1st division, Enrile’s to the 3rd division, and Estrada and the rest to the 5th division. – Rappler.com

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