Senator Juan Ponce Enrile filed Monday a supplemental motion to oppose the issuance of a warrant against him over his alleged involvement in the pork barrel scam.
In his 30-page motion, Enrile said he was not “informed of the nature and cause of accusation against him.”
Because of this, the case should be dismissed because the information against him is void, the motion read.
“Being void for non-compliance with the requirement of the Constitution that in all criminal prosecution, the accused ‘be informed of the nature and cause of accusation against him,’ no warrant of arrest may be issued…” the motion read.
Enrile’s camp lawyers also said the plunder charge against Enrile did not categorically state that the former Senate President received kickbacks in a “combination or series of overt criminal acts.”
“The phrase ‘combination or series of overt criminal acts’ in the information is but a conclusion of law, and not a statement of fact…” the motion further claimed.
“It is respectfully prayed that no warrant of arrest be issued against the accused in the instant case. Since the information is void, the case should further be dismissed,” the motion added.
Aside from Enrile, Senators Jinggoy Estrada and Ramon Revilla Jr., also face plunder and graft charges before the Sandiganbayan for their alleged involvement in the same scam.
The Ombudsman said it found probable cause to indict Revilla with one count of plunder and 16 counts of graft; Enrile with one count of plunder and 15 counts of graft while Estrada with one count of plunder and 11 counts of graft.
Also charged at the Sandiganbayan is alleged mastermind Janet Lim-Napoles who runs eight bogus non-governmental organizations where the PDAF funds of accused lawmakers flow.
Among those named co-accused in these cases were Napoles’ daughter Jo Christine and son James Christopher.
Revilla and his staff Richard Cambe were named in 16 counts over alleged irregularities in the disbursement of the lawmaker’s Php517 million PDAF.
Estrada and staff Pauline Therese Mary Labayen were indicted in 11 graft charges for questioned transactions on his PDAF in the sum of Php278 million.
Also named in the multiple graft charges were National Agribusiness Corporation (Nabcor) former president Alan Javellana and Technology Resource Center former director generals Dennis Cunanan and Antonio Ortiz. PNA