Revilla seeks dismissal of plunder charge anew
Published Sep 11, 2018 11:21 am
By Czarina Nicole Ong
Former Senator Ramon "Bong" Revilla Jr. has sought the dismissal of his plunder charge once again and hoped that he would immediately be released from detention since the prosecution has failed to discharge its burden of overcoming the presumption of his innocence.
MB File — Detained Senator Ramon "Bong" Revilla Jr. leaves the Sandiganbayan courtroom after the first day of his pre-trial for his plunder and graft charges, May 21, 2015, at Quezon City (Mark Balmores) | Manila Bulletin
In a 54-page memorandum, Revilla said that the prosecution should have proven beyond reasonable doubt that he committed all the acts constituting the element of plunder. However, all they have managed to prove was that Revilla was a public officer.
Revilla is facing one plunder charge and 16 counts of graft because of the misuse of his priority development assistance fund (PDAF), which he reportedly endorsed to the bogus non-government organizations (NGOs) owned by Janet Lim Napoles in exchange for kickbacks amounting to P224,512,500.
Because of his plunder charge, Revilla remains locked up in the Philippine National Police (PNP) Custodial Center in Camp Crame, Quezon City.
Revilla stressed in his motion that the Constitution provides that in all criminal prosecution, the accused shall be presumed innocent until the contrary is proven. Every element must be proven beyond reasonable doubt, while the accused may remain silent.
"He need not offer evidence in his defense," his memorandum read. "If the prosecution fails to prove any element of the offense beyond reasonable doubt, the accused shall be acquitted."
The Sandiganbayan First Division has already denied his motion to quash on February 23, 2017. Revilla believes that the prosecution failed to sufficiently allege the facts constituting the offense of plunder since there was no allegation that he attained "ill-gotten wealth" through "a combination or series of overt criminal acts."
However, the court was not convinced. Now, after his plunder trial has concluded, Revilla's lawyer, Estelito Mendoza, said that their points are being raised "solidly in accord with due process jurisprudence in the United States."
"No evidence beyond reasonable doubt has been offered and admitted by the Court proving any element of the offense but for one, and that Revilla is a public officer, and that fact is admitted," he said in an email.
The prosecution offered as evidence several endorsement letters purportedly signed by Revilla in order to prove the former senator's endorsement of Napoles' NGOs in exchange for kickbacks.
But during the course of the trial, Revilla said the prosecution failed to prove that it was he himself who signed these letters. The prosecution's witnesses, such as Merlina Suñas and Benhur Luy, admitted that they have never seen Revilla write or sign the said letters.
Witnesses Marina Sula and Mary Arlene Baltazar also testified that they have never met or talked to Revilla, nor did they go to Revilla's house and office. The two of them even said that it was Luy who actually forged Revilla's signatures in the letters.
What's more, all of these witnesses admitted that they never personally handed or delivered the alleged kickbacks to Revilla, nor did they see Napoles give or deliver money to the former-actor-turned-politician.
Revilla also found it "significant" that the prosecution did not ask him during cross-examination whether or not the purported signatures on the endorsement letters were affixed by him.
Because of these, Revilla said "the charge of plunder necessarily falls flat on its face, and acquittal mandated by the Constitution and the law necessarily follows."
He is being painted in a pitiful light by his lawyers in the memorandum, who said that his detention - now running for more than four years, as well as isolation from family and society, not to mention the destruction of his honor and reputation, caused a "collapse of his whole world."
"Wherefore, it is respectfully prayed that the Information against in the instant case be dismissed and that he be immediately released from detention," the prayer portion of the memorandum read.
MB File — Detained Senator Ramon "Bong" Revilla Jr. leaves the Sandiganbayan courtroom after the first day of his pre-trial for his plunder and graft charges, May 21, 2015, at Quezon City (Mark Balmores) | Manila Bulletin
In a 54-page memorandum, Revilla said that the prosecution should have proven beyond reasonable doubt that he committed all the acts constituting the element of plunder. However, all they have managed to prove was that Revilla was a public officer.
Revilla is facing one plunder charge and 16 counts of graft because of the misuse of his priority development assistance fund (PDAF), which he reportedly endorsed to the bogus non-government organizations (NGOs) owned by Janet Lim Napoles in exchange for kickbacks amounting to P224,512,500.
Because of his plunder charge, Revilla remains locked up in the Philippine National Police (PNP) Custodial Center in Camp Crame, Quezon City.
Revilla stressed in his motion that the Constitution provides that in all criminal prosecution, the accused shall be presumed innocent until the contrary is proven. Every element must be proven beyond reasonable doubt, while the accused may remain silent.
"He need not offer evidence in his defense," his memorandum read. "If the prosecution fails to prove any element of the offense beyond reasonable doubt, the accused shall be acquitted."
The Sandiganbayan First Division has already denied his motion to quash on February 23, 2017. Revilla believes that the prosecution failed to sufficiently allege the facts constituting the offense of plunder since there was no allegation that he attained "ill-gotten wealth" through "a combination or series of overt criminal acts."
However, the court was not convinced. Now, after his plunder trial has concluded, Revilla's lawyer, Estelito Mendoza, said that their points are being raised "solidly in accord with due process jurisprudence in the United States."
"No evidence beyond reasonable doubt has been offered and admitted by the Court proving any element of the offense but for one, and that Revilla is a public officer, and that fact is admitted," he said in an email.
The prosecution offered as evidence several endorsement letters purportedly signed by Revilla in order to prove the former senator's endorsement of Napoles' NGOs in exchange for kickbacks.
But during the course of the trial, Revilla said the prosecution failed to prove that it was he himself who signed these letters. The prosecution's witnesses, such as Merlina Suñas and Benhur Luy, admitted that they have never seen Revilla write or sign the said letters.
Witnesses Marina Sula and Mary Arlene Baltazar also testified that they have never met or talked to Revilla, nor did they go to Revilla's house and office. The two of them even said that it was Luy who actually forged Revilla's signatures in the letters.
What's more, all of these witnesses admitted that they never personally handed or delivered the alleged kickbacks to Revilla, nor did they see Napoles give or deliver money to the former-actor-turned-politician.
Revilla also found it "significant" that the prosecution did not ask him during cross-examination whether or not the purported signatures on the endorsement letters were affixed by him.
Because of these, Revilla said "the charge of plunder necessarily falls flat on its face, and acquittal mandated by the Constitution and the law necessarily follows."
He is being painted in a pitiful light by his lawyers in the memorandum, who said that his detention - now running for more than four years, as well as isolation from family and society, not to mention the destruction of his honor and reputation, caused a "collapse of his whole world."
"Wherefore, it is respectfully prayed that the Information against in the instant case be dismissed and that he be immediately released from detention," the prayer portion of the memorandum read.