Enrile, aide, Napoles cleared of plunder in pork barrel case

Metro Manila, Philippines – Former Senate President and now Chief Presidential Legal Counsel Juan Ponce Enrile is the last high-profile personality to be acquitted of plunder in the multibillion-peso pork barrel controversy, where lawmakers’ funds were allegedly diverted for fraud.

The Sandiganbayan Special Third Division on Friday cleared Enrile of the decade-old case in which he allegedly pocketed P172 million from his Priority Development Assistance Fund or pork barrel, a congressional discretionary fund that has since been declared unconstitutional.

The anti-graft court also acquitted Enrile’s former chief of staff, Gigi Reyes, and businesswoman Janet Lim Napoles, who allegedly orchestrated the diversion of lawmakers' funds to fake non-government organizations.

The Sandiganbayan cited the prosecution’s “failure to prove their guilt beyond reasonable doubt.”

It noted that none of the prosecution's witnesses testified to handing or transferring money to Enrile.

“Verily, the prosecution failed to prove the allegation that Enrile received a percentage of the cost of any project funded from his PDAF in consideration for the latter’s endorsement to Napoles’ NGOs,” the Sandiganbayan said in its 85-page decision.

State witness Ruby Tuason said she gave Reyes money intended for Enrile, which came from Napoles. However, the Sandiganbayan noted that Tuason could not provide specific details.

“We are baffled as to why, despite the huge sum of money allegedly delivered to Reyes, Tuason had no acknowledgement receipt of any proof of these deliveries,” it added.

Tuason said she relied on the records of whistleblower Benhur Luy, who claimed to be Napoles' financial officer. However, the Sandiganbayan pointed out that even if Luy's daily disbursement reports were considered credible, they only listed Tuason's name and not those of Reyes or Enrile.

“Since the prosecution was unable to prove the receipt of money as alleged in the information by herein public officers Enrile and Reyes (the alleged main plunderers), then Napoles could not be found liable for the offense charged since the basis of her indictment was conspiracy with the said public officers,” the Sandiganbayan added. It also granted the demurrer to evidence filed by Enrile, and the demurrer (without leave of court) of Napoles, which sought to junk the case for lack of evidence.

It also granted the demurrer to evidence filed by Enrile, and the demurrer (without leave of court) of Napoles, which sought to junk the case for lack of evidence.

The court also lifted and set aside the hold departure order issued against the three.

Napoles, however, was previously convicted in multiple cases related to the PDAF scam and serving time at the Correctional Institution for Women in Mandaluyong City.

Former Senator Leila de Lima, who was justice secretary when the PDAF cases were filed, expressed her frustration with the Sandiganbayan decision.

“On the part of the DOJ (Department of Justice), NBI (National Bureau of Investigation) at that time, there was enough evidence,” De Lima told NewsWatch Plus Senior Anchor Menchu Macapagal.

“There were documents – the DBM (Department of Budget and Management) and COA (Commission on Audit) documents – there were signatures there. There are the testimonies of the whistleblowers,” De Lima added.

In 2014, Enrile was allowed to post bail pending trial for humanitarian reasons. Meanwhile, Senators Jinggoy Estrada and Bong Revilla were detained for three years and four years, respectively, for separate PDAF scam cases. Estrada was allowed to post bail in 2017 until his acquittal early this year. Revilla walked free in 2018.