Estrada signed PDAF letter at Napoles’ party – Luy

MANILA, Philippines – Senator Jinggoy Estrada managed to do dirty business on the side while partying with alleged scammer Janet Lim-Napoles, a state witness in the pork barrel scam told the anti-graft court on Tuesday, September 16.

During the continuation of Estrada’s bail hearing, state witness Benhur Luy recalled before the Sandiganbayan Fifth Division his personal interaction with Estrada, who, he said, regularly went to Napoles’ parties.

In one such event in 2012, Luy said he even asked Estrada to sign an endorsement letter for Napoles’ non-governmental organizations (NGOs).

Luy said Estrada and his father, former President and now Manila Mayor Joseph “Erap” Estrada, was at the 42nd floor of the Discovery Suites in the business district of Ortigas, Pasig City, some time in 2012 for a social gathering hosted by Napoles.

Located at the 25th floor of the same building was the office of Napoles-owned JLN Corporation, allegedly the mother company of bogus NGOs that illegally acquired proceeds from Estrada’s and other lawmakers’ Priority Development Assistance Fund (PDAF) or pork barrel. 

This prompted Estrada to aggressively react in court. “I never go to that office,” he said out loud, motioning to his lawyers that he wanted to be given the opportunity to speak.

But his lawyers advised him that he was not allowed to do so, he told reporters later after the hearing.

Photos earlier obtained by Rappler show Napoles in social gatherings with the Estradas.

Estrada defended himself in an interview, saying that partying with someone does not necessarily mean he engaged in graft-ridden deals with that person.

He reiterated his previous admission of having known Napoles and attended gatherings with her.

He added that Senate President Franklin Drilon was likewise present during one of those gatherings. 

Asked if there were other lawmakers attending Napoles’ parties, Luy said there were, but he only remembers Estrada. In defense of his failure to recall, Luy said these parties were usually late at night at around 10 pm.

Estrada faces plunder and graft cases before the Sandiganbayan Fifth Division for allegedly financially benefitting from the diversion of his PDAF to ghost projects of Napoles-controlled NGOs.

Together with his father, he has previously been charged with plunder over the illegal numbers game jueteng. The younger Estrada was acquitted, while his father was convicted but later on pardoned.

Estrada’s bail hearing at the Sandiganbayan has become a family affair with his parents, wife, brother, and children in attendance.

The family has become comfortable with the weekly court proceedings, exchanging whispers in court and giggling over jokes being passed around.

Admissibility vs weight

Luy admitted, however, that it was usually Estrada’s aide Pauline Labayen who would deal with Napoles directly.

This included negotiations over the percentage of commissions to be received by Estrada, as well as agreements on the description and amount to be allotted from Estrada’s PDAF for the bogus projects.

Labayen is a co-accused of Estrada in his plunder case but is still at large.

Luy added that he also overheard Napoles speaking with Estrada over the phone about the senator’s spurious project.

This prompted Napoles’ lawyer Stephen David to remind the court of his continuing objection that Luy’s testimony is mere hearsay evidence. He had issued the same objection before another division also hearing PDAF cases. (READ: Luy’s testimony inadmissible, defense lawyers argue)

But Justice Alexander Gesmundo allowed Luy’s statement to remain on record, saying the court will assess anyway the weight of Luy’s testimony later on.

‘Leave that on the judgment day’

When Luy admitted to falsifying documents and forging signatures even of lawyers for notarial purposes, Estrada’s lawyer Sabino Acut Jr stood up to invite the prosecution to stipulate or admit as a fact of the case “that the witness is a forger and falsifier based on his admission.”

With the prosecution rejecting the stipulation, Gesmundo said “it’s too soon for the court to make that conclusion.”

Luy was simply admitting to having falsified documents “upon the instructions” of Napoles and for the purpose of securing the irregular transactions with government.

“Leave that on the judgment day. Admissibility is different from weight…. All of these will be evaluated in due time,” Gesmundo said.

He, however, hinted in jest that such pronouncements by the defense in open court are to be expected “especially when their clients are around.” 

Justice hints at inhibiting

Acut wanted Luy’s testimony to be limited only to two NGOs that were outlined in the Ombudsman’s joint resolution finding probable cause against Estrada.

But Gesmundo said the issues at hand are now “past probable cause.”

He added that the charge sheet against Estrada filed before the court mentions NGOs in general and not just the two specified NGOs by the Ombudsman in its resolution.

“We may agree with you, but at the end of the day, what are we supposed to try? [It’s] the allegation in the Information,” Gesmundo said.

Toward the end of the hearing, the prosecution and defense quibbled over delays in the pre-marking of evidence in Estrada’s cases.

Both teams pointed at each other over who was causing the delay, with Estrada’s lawyer Paul Mar Arias slightly raising his voice in court. 

Arias was visibly irritated with having to deal with different prosecutors during multiple sessions of marking evidence.

This forces their camp to repeatedly apprise the prosecution with previous arrangements made, prompting Gesmundo to advise the prosecution to assign a single prosecutor to deal with the matter.

Acut also asked the court to remind the prosecution of the summary nature of a bail hearing, after the government lawyers said they had at least 11 witnesses to present for the junking of Estrada’s bail plea.

But Gesmundo said the court cannot dictate the number of witnesses the prosecution intends to present during the bail hearing.

“Unless you want this division to inhibit,” he added. “We’re very glad to be subjected to recusal in this case.” – Rappler.com