Manila: The Supreme Court has ruled to dismiss petitions filed by Senator Jinggoy Estrada challenging the graft and plunder cases filed against him for alleged misuse of his Priority Development Assistance Fund (PDAF).

According to Philippines News Agency, in a decision dated Oct. 28, the SC en Banc dismissed Estrada’s petitions for certiorari involving the plunder cases filed against him for being moot and academic. The court noted, ‘The Court took judicial notice of the Sandiganbayan Decision, dated January 19, 2024, acquitting Senator Estrada of the plunder charges, which rendered the said Petitions moot and academic.’

The court also dismissed his petitions for certiorari in the graft cases, rejecting Estrada’s contention that his graft charges are ‘deemed absorbed’ by his plunder charges. The Ombudsman had initially found probable cause to indict Estrada, Janet Lim Napoles, and several other public officials and private individuals before the Sandiganbayan for plunder related to Estrada’s alleged ill-gotten wealth amounting to at least PHP183.793 million. This wealth was purportedly received as kickbacks from Napoles in connection with the PDAF scam.

Estrada was also indicted for violating the Anti-Graft and Corrupt Practices Act, involving fund releases amounting to an estimated PHP255.114 million drawn from Estrada’s PDAF and routed through different foundations, as shown in disbursement vouchers. The Court stated that ‘giving any private party any unwarranted benefit, advantage or preference’ under the Anti-Graft and Corrupt Practices Act (RA 3019) cannot be absorbed by the acts enumerated under the Anti-Plunder Act (RA 7080).

The Court clarified that the absorption principle-where one offense merges into another-does not apply between graft and plunder, except in rare cases where the same public officer is both the giver and recipient of the unwarranted benefit. ‘The decision effectively affirms that violations of Republic Act No. 3019 may be prosecuted separately from plunder,’ the SC added.