Estelito Mendoza, a former Justice secretary and solicitor general, also asked the anti-graft court not to issue a warrant of arrest against the 90-year old senator.
Mendoza challenged the Office of the Ombudsman’s basis for filing charges against Enrile, saying the 10,000-page attachment to the indictment did not specify how the senator supposedly pocketed P172 million from his Priority Development Assistance Fund, or pork barrel.
Enrile was absent from the hearing.
Plunder and graft charges have been filed before the Sandiganbayan against Enrile and Senators Jose “Jinggoy” Estrada and Ramon “Bong” Revilla Jr.
“There is no evidence with probative value to the Ombudsman’s claim that Enrile accumulated or acquired ill-gotten wealth, consisting of kickbacks, over the years 2004 to 2010, in the accumulated amount of at least P172,834,500.00,” the motion to dismiss filed by Mendoza said.
He said it is the executive department, not Enrile, that should be held accountable for any misuse of the PDAF.
“Enrile’s role is merely to recommend the projects to be funded under the PDAF appropriation. It is the Executive Department, through various implementing agencies, together with their partner-organizations, that should be held accountable for the PDAF’s use, and the implementation of projects funded by the PDAF, including the liquidation of the PDAF used for the projects,” he pointed out.
“The evidence shows that Enrile was not entrusted with any PDAF allocation, nor tasked to handle the PDAF, or to participate in the implementation of any government project funded by it,” he added.
'Hearsay'
The seasoned lawyer stressed that a prime facie case rests on the prosecution's presenting evidence that will withstand the test of admissibility.
“Hearsay, incompetent, or otherwise inadmissible evidence must be disregarded at the first instance,” he said, noting that Luy and the other whistleblowers admitted that they had never met Enrile and had no firsthand knowledge of any transaction with him.
“Luy’s business ledger -- the only 'evidence' to establish Enrile’s supposed receipt of kickbacks -- by his own admission, contains self-serving information, and is based solely on the information allegedly relayed by Napoles to him,” Mendoza said.
“Worse, the supposed 'source' of the information (i.e., Napoles) denies having any knowledge with regard to the transactions subject of the testimonies of the witnesses,” he added.
This, and the whistleblowers' admission that the evidence they submitted included fabricated documents and forged signatures "puts into question the reliability, credibility and admissibility of the supposed documentary evidence.”
He also suggested that the evidence against Enrile may have been fabricated, noting that, "Luy’s business ledger, supposedly containing data on transactions which happened as early as 2004, was prepared only in 2013, and was obviously customized for these cases.”
Nevertheless, he stressed, "there is nothing in Luy’s business ledger to show that Enrile participated in the alleged scheme. Enrile’s name never appeared as actual recipient of the supposed commissions and kickbacks.”
COA report 'favors' Enrile
In fact, Mendoza said, the special audit report of the Commission on Audit on the pork barrel scam actually favored Enrile as it pointed out that "it should be the Executive Department, through its various implementing agencies, which had control in the disbursement, use, and even liquidation of the PDAF allocations, in accordance with the circulars issued by COA.”
Mendoza also said claims of a conspiracy between Enrile and his subordinates had not been proven.
“It is uncontroverted that the written authority he extended to his Chief of Staff and Deputy Chief of Staff, was made explicitly 'subject to the pertinent rules and regulations' and for the 'proper implementation' of the projects,” he said.
The supporting papers that appeared to show Enrile's conformity were unknown to the senator and mostly fabricated and forged by Napoles and the whistleblowers, Mendoza pointed out.
“The purported participation or conformity of Enrile in the selection of the NGO and in the implementation of the projects was not at all required or provided for by law or regulations, but merely inserted by Napoles (and the so-called whistleblowers) and the implementing agencies as an obvious cover-up and pretext for the 'violations' the latter have committed,” he said.
Eye medications
In a related development, former Cagayan Rep. Jackie Enrile said he is less worried about the plunder and graft charges filed against his father, Senate Minority Leader Juan Ponce Enrile than the lawmaker's need for constant medication, especially on his eyes.
Jackie said his father needs daily injections on the macular degeneration in his eyes, which prevents him from read properly. He also needs magnifying glass to read, the way he would do did in the Senate.
"That will be presented by the lawyers to the court," Enrile said.
Aside from the eye ailment, Jackie said he is also worried about the deterioration of the Enrile’s hearing: "When disoriented, he tends to lose balance, which will make it difficult for him to stand or walk."
Jackie said that if Enrile suffers stress inside the 4x8 square meters detention cell at the PNP Custodial Center, his blood pressure could shoot up for no apparent reason.
Ilocano diet
Jackie also asked authorities to provide Enrile with Ilocano dishes that contain lots of vegetables and fish, although his dietician gave the lawmaker a list of suggested specific foods to eat.
TV, radio, gadgets
Meanwhile, Jackie also requested to authorities to allow Enrile to have a television or radio inside his cell to keep in touch "with the outside world."
source: interaksyon.com
