Sandiganbayan acquits Enrile, others in P172-M pork barrel scam

MANILA, Philippines — The Sandiganbayan Third Division has acquitted chief presidential legal counsel and former Sen. Juan Ponce Enrile, his ex-chief of staff Jessica “Gigi” Reyes, and businesswoman Janet Lim Napoles in a plunder case concerning the alleged embezzlement of over P172 million from pork barrel funds.

In an 84-page decision promulgated on Friday, October 4, the Sandiganbayan granted Enrile's motion for demurrer to evidence which effectively acquits the 100-year-old former senator of the plunder charge. 

The anti-graft court also acquitted Napoles and Enrile's aide, Gigi Reyes, in the plunder charge as the prosecution has failed to prove their guilt beyond a reasonable doubt. 

This means the prosecution was unable to present sufficient evidence to convince the court of the defendants' guilt in the plunder case.

The court ruled in favor of Enrile and the others due to the failure of the key witness, Ruby Tuason, to provide evidence showing how Napoles received discretionary funds from Enrile or how she gave commissions to the former senator and Reyes.

"Prescinding from the foregoing discussions, the prosecution's evidence was insufficient to prove with moral certainty that Napoles gave kickbacks or commission to Enrile or Reyes, and that the said accused amassed or accumulated ill-gotten wealth in the amount of at least P50 million," the anti-graft court's decision read.

Fell short of plunder threshold. At the same time, the prosecution was only able to link about P46.39 million worth of transactions to Enrile, falling short of the P50 million threshold required for plunder according to Republic Act 7080.  

What is the pork barrel scam? The Priority Development Assistance Fund (PDAF) provided members of Congress with public funds to use in financing local infrastructure projects.

In 2013, the Supreme Court declared PDAF unconstitutional in the case of Belgica vs Ochoa, citing violations of the principle of separation of powers and non-delegability of legislative authority.

The high court ruled the PDAF allowed individual lawmakers to exercise post-enactment intervention by selecting specific projects and beneficiaries, effectively giving them powers