Enrile’s plunder trial to start next week

The Sandiganbayan has set Oct. 16 as the start of the formal trial of the plunder case against former Senate president Juan Ponce Enrile in connection with his alleged involvement in the multibillion-peso pork barrel scam.

“The records bear out that this case has been dragging on for quite some time already. In order to avoid further delays, we order that the trial be set on Oct. 16, 2019,” the court’s Third Division said in a resolution promulgated on Oct. 7.

The Third Division, however, was quick to add that the setting of the tentative trial date is “without prejudice to any motion that the parties may submit for the Court’s consideration” as long as the motion is “not made with intent to delay the proceedings.”

Enrile’s trial was stalled since late 2014 after he filed a petition for bail before the Supreme Court as well as a motion for bill of particulars to compel the prosecution to supply additional information in the charge sheet. The SC granted both motions.

The Third Division set the start of the trial on Feb. 19 this year but had to postpone due to the absence of Enrile’s co-accused, alleged pork barrel scam mastermind Janet Lim-Napoles.

Furthermore, the prosecution and the defense have yet to agree on the final list of issues to be tackled during the trial proper as well as on the list of witnesses and documentary exhibits to be presented.

In a resolution promulgated last April 24, the Third Division granted Enrile’s request to be furnished copies of the evidence in the possession of the Office of the Ombudsman’s prosecution team, in order for him to better prepare his defense.

Enrile’s request was granted amid the vehement objection of the prosecution, which maintained that the detailed production of the evidence would have to be done at the start of the trial.

Among the documentary evidence previously presented by the prosecution during the hearing of Enrile’s petition for bail in 2014 were the daily records or ledger of the prosecution’s star witness Benhur Luy.

The ledger supposedly shows that the then senator, through his chief of staff Jessica Lucila “Gigi” Reyes, received millions in pesos of kickbacks or rebate from Napoles.

In a manifestation filed on Aug. 23, Enrile said the prosecution’s compliance with the court’s order to grant him access to its documentary exhibits was “inadequate” and “impossible” as the state prosecutors merely told his lawyers that the documents can be accessed in the prosecution’s office.

Enrile said it would be hard for his lawyers to identify which of the exhibits are relevant to the case as they were merely marked with numbers.

“We note, too, that the motion for the production of material evidence had been filed at the instance of the accused himself through his counsel. Accordingly, they must bear whatever inconvenience that may arise out of the granting of the motion,” the Third Division said.

Filed by the ombudsman in June 2014, the case stemmed from Enrile’s alleged receipt of a total of P172.83 million in commissions or kickbacks from Napoles in exchange for the alleged allocation of his Priority Development Assistance Fund (PDAF) or pork barrel to the latter’s bogus non-government organizations from 2004 to 2010.

Reyes is currently detained at the Bureau of Jail Management and Penology Female Dormitory in Camp Bagong Diwa while Napoles is detained at the Correctional Institution for Women in Mandaluyong City following her conviction for plunder in connection with the misuse of P517 million PDAF of former senator Ramon Revilla Jr.

Enrile was granted bail by the SC in 2015 due to “humanitarian consideration,” citing his frail health condition and old age.