THE Sandiganbayan Second Division has denied Senator Jinggoy Estrada’s motion to quash the graft case filed against him in connection with the alleged P573 million flood control projects anomaly, ruling on Thursday that the plea lacks merit.
The anti‑graft court rejected his argument that his right to due process was violated when the charges were filed, noting that he was given every opportunity to contest the findings during the preliminary investigation conducted by the Department of Justice (DOJ). The court emphasized that Estrada had fully exercised his right to defend himself by submitting a counter‑affidavit, fulfilling the requirements of due process.
Presiding Justice Geraldine Econg, chairperson of the Second Division, stated clearly that there was no legal basis to dismiss the case or prevent the proceedings from moving forward.
“The accused was given a chance to defend himself by submitting the affidavit before the DOJ. The motion to quash… dismiss, is denied,” she said. With the denial, the court proceeded immediately to the arraignment — the stage where the accused is formally notified of the charge and asked to enter a plea. Estrada attended the proceeding via video conference, a setup permitted under Supreme Court guidelines and regularly used by the Sandiganbayan to accommodate accused persons in detention or under specific circumstances.
The cases against Estrada are divided between two divisions of the anti‑graft court: the Second Division handles the graft charge, while the Fifth Division is presiding over the plunder case stemming from the same set of allegations. In a separate development on Thursday, Estrada withdrew his petition seeking bail for the plunder charge — an offense that is non‑bailable under Philippine law. This action came after Justices Gener Gito and Maryann Corpus‑Mañalac warned that pursuing the bail petition could jeopardize his pending motion to quash the plunder case, prompting the senator to drop the bid to protect his other legal remedy.
Following the denial of his motion to quash the graft case, Estrada declined to enter a plea when given the chance. In accordance with court rules, the Sandiganbayan automatically entered a plea of “not guilty” on his behalf. Estrada remains detained at the New Quezon City Jail while both cases move forward; the charges originated from a recommendation by the DOJ, which was adopted by Ombudsman prosecutors before being filed in court. The developments confirm that the legal battle against the senator will proceed to the next stages, with the court set to schedule further hearings as it weighs the evidence presented by both sides.
