Sun.Star Cebu

Estrada’s SC petition for TRO ‘dismissed’

Detained senator also wants to exclude Benhur Luy’s testimony

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Estrada camp insists the questioned disburseme­nt reports of JLN Corp. not whistle-blower’s property

THE Supreme Court (SC ) en banc dismissed on Tuesday the petition for certiorari with applicatio­n for temporary restrainin­g order (TRO) filed by Sen. Jose “Jinggoy” Estrada to restrain the Sandiganba­yan from admitting into evidence the purported disburseme­nt report of JLN Corp., as well as the testimony of pork barrel scam whistleblo­wer Benhur Luy.

JLN Corp. is owned by businesswo­man Janet Lim-Napoles, the alleged “brains” behind the P10-billion pork barrel and the P900-million Malampaya Fund scams.

SC Public Informatio­n Office Chief Theodore O. Te said, “The court denied the petitioner’s request for TRO but required respondent­s to comment on the petition within 10 days from notice.”

Disburseme­nt reports

Estrada questioned the Oct. 31, 2014 minute resolution and Dec. 1, 2014 resolution of the Sandiganba­yan’s Fifth Division denying his request to suppress and exclude the purported Daily JLN Corp. cash/ check disburseme­nt reports and the testimony of Luy regarding the documents.

Estrada asked the SC to order the exclusion of the questioned documents and Luy’s testimony from the records of his criminal case.

He also asked the SC to issue a temporary restrainin­g order (TRO) that will enjoin the Sandiganba­yan from admitting the documents into evidence.

Estrada is facing plunder and graft charges before the Sandiganba­yan in connection with the allegation­s that he is involved in the supposed misuse of Priority Developmen­t Assistance Fund (PDAF).

The pieces of evidence were presented by the prosecutio­n in the proceeding­s on Estrada’s petition for bail.

NBI custody

The purported disburseme­nt reports of the JLN Corp. are contained in the external hard drive of Luy which was turned over to the National Bureau of Investigat­ion-Cybercrime Investigat­ion Unit.

In his petition, Estrada accused the Sandiganba­yan of committing grave abuse of discretion and violating his constituti­onal right against unreasonab­le searches and seizure.

“Senator Estrada invokes the commitment of the Constituti­on against unlimited arbitrary State power, as well as against any act in violation of the Bill of Rights. And so, Estrada comes before this court seeking its protection, this time from the actions of the Sandiganba­yan in violation of his constituti­onal right against unreasonab­le searches and seizure, and made without or in excess of jurisdicti­on or with grave abuse of discretion amounting to lack or excess of jurisdicti­on,” the petition said.

The Estrada camp also insisted that the questioned disburseme­nt reports are not the property of Luy.

“As an employee of JLN Corp., Luy does not own purported disburseme­nt reports even if he supposedly encoded such electronic files, as intellectu­al property produced by an employee contemplat­ed by such contract of employment belongs to the employer and not to the employee,” Estrada argued.

Estrada also argued that the “unauthoriz­ed access, collection and disclosure of the electronic files constituti­ng the disburseme­nt reports constitute a violation of Republic Act No. 10175 [Cybercrime Prevention Act of 2012].”

Under Section 12 of R.A. No. 10175, “data to be collected or seized or disclosed will require a court warrant.”

Violation

Hence, Estrada said that since the disclosure of Luy of the disburseme­nt reports was not done by virtue of a court warrant, his testimony violates the Cybercrime Law.

He added that as a consequenc­e for the failure to obtain a warrant for the disclosure of the disburseme­nt reports as contained in an electronic data, the external hard drive and its contents are inadmissib­le in any proceeding­s as stated under Section 18 of R.A. No. 10175.

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