Estrada counsel questions admissibility of NBI evidence

SENATOR Jose “Jinggoy” P. Ejercito Estrada, Jr. on Thursday personally lodged his answer before the Department of Justice (DoJ) in response to a complaint filed by the National Bureau of Investigation (NBI) over alleged plunder and graft linked to the flood control scam.

Bianca Isabel D. Soriano, legal counsel and spokesperson for Mr. Estrada, told reporters that the senator submitted a counter-affidavit in connection with the allegations involving supposed kickbacks from government infrastructure projects.

The senator declined to answer questions from the media but had earlier denied the allegations against him.

“We attacked it based on procedural rules specifically on the requirements of a complaint affidavit because what the NBI filed is a letter attaching an affidavit,” Ms. Soriano said in an interview with reporters.

“We also discussed the admissibility and the credibility of the evidence which will not be able to meet the threshold required for criminal cases before the DoJ,” she said.

According to DoJ spokesperson Raphael Niccolo L. Martinez, the NBI complaint cites violations of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), plunder under Republic Act No. 7080, as amended, direct bribery and receiving gifts by public officers, and corruption of public officials under the Revised Penal Code, as amended.

Separately, Ms. Soriano added that her client has filed an omnibus motion with Manila Regional Trial Court Branch 52 to lift a precautionary hold departure order, arguing that the senator is not a flight risk and that there is no probable cause to maintain the travel restriction.

Mr. Estrada is requesting the court’s approval to travel abroad from March 31 to April 5. The travel clearance is required since he is also facing graft charges related to the multibillion-peso Priority Development Assistance Fund, or pork barrel scam in the anti-graft court.

Ms. Soriano said, “He has been complying with his travel requirements. There’s really no risk for him to escape all of these mess.”

“He is confident that all of these cases will be dismissed,” she added. — Erika Mae P. Sinaking