Sandiganbayan junks Gigi Reyes’s motion to dismiss plunder case

THE SANDIGANBAYAN has denied for lack of merit a motion by Jessica Lucila “Gigi” G. Reyes, former chief of staff of former Senator Juan F. Ponce Enrile, to junk her P172.83-million plunder case in connection with the porkbarrel scandal of 2013.

A 32-page resolution by Sandiganbayan Presiding Justice Amparo Cabotaje-Tang of the anti-graft court’s Special Third Division said the charge sheet against Ms. Reyes is valid as the Supreme Court (SC) granted the motion for a bill of particulars in August 2015.

“The purpose of the bill of particulars is to supply vague facts or allegations in the complaint or information to enable the accused to properly plead and prepare for the trial. It presupposes a valid Information... albeit under vague terms,” the resolution dated Jan. 3 read in part.

It added that the prosecution correctly argued that the SC would have not granted the bill of particulars if the information filed “were not valid or if the averments in the information failed to charge an offense.”

In her motion, Ms. Reyes said the bill of particulars presented by the prosecution “fails to specifically allege her authorship of any of the overt acts... because of the use of alternative allegations” qualified by “or” and “and/or.”

Ms. Reyes added that the alternative “confuses and compounds” instead of clarifies the case in her behalf.

The court also pointed out that a motion to quash should be filed before the arraignment, whereas Ms. Reyes had already been arraigned as the court entered a not guilty plea for her in July 2014.

Ms. Reyes did not enter her own plea as she had a pending motion for certiorari before the Supreme Court. But the Sandiganbayan insisted that the high court did not issue a temporary restraining order, “hence the Court continued with the proceedings in this case as it was duty-bound to do so.”

The court also said the information against the accused contains the “essential elements” for plunder, such as the offenders being public officers and that the total amassed, acquired or accumulated is at least P50 million.