THE Sandiganbayan on Friday dismissed Janet Lim-Napoles and former Senator Jose “Jinggoy” P. Ejercito Estrada’s pleas to dismiss their plunder case, stating that the evidence presented by the prosecution could lead to their conviction.

The Fifth Division of the anti-graft court said in its Resolution dated June 13 that the prosecution denied Mr. Estrada’s demurrer to evidence he filed last March regarding his plunder case which is linked to the allocation of his Priority Development Assistance Fund (PDAF) to non-existent non-government organizations (NGOs) managed by Ms. Napoles, since evidence of the prosecution is strong enough to prove his role in transferring the funds.

“(T)his court is convinced that the prosecution presented sufficient evidence both testimonial and documentary which established each element of the crime of plunder against the accused,” the resolution said.

A demurrer to evidence is an option for the accused to seek the dismissal of the case due to lack of evidence on the part of the prosecution.

The former senator, who lost his latest senatorial bid in the May 13 elections, allegedly received more than P55 million from Ms. Napoles in the PDAF scam.

The Sandiganbayan also stressed that the prosecution established that Mr. Estrada was able to allocate his PDAF in Ms. Napoles’ NGOs for a commission of 40 to 60% of the PDAF, in which both shared the kickbacks.

Based on the demurrers Mr. Estrada and Ms. Napoles filed, they stressed that the proof filed before the Sandiganbayan did not show that plunder had been committed.

Now that their demurrer has been dismissed, they have to present evidence that will prove their innocence in court. — Gillian M. Cortez

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