MANILA, Philippines – Senator Jinggoy Estrada refused to enter a plea in his graft case during his arraignment on Thursday, June 4.

The Sandiganbayan 2nd Division, on the same day, also denied Estrada’s motions questioning his charge, clearing the obstacles to arraign Estrada and proceed to pre-trial conference.

After the reading of the resolution on motions on Thursday afternoon, the court immediately subjected the senator to arraignment. This is the stage of criminal proceedings where the court explains to the accused the information or charge against him/her, and where the accused enters either a guilty or not guilty plea.

Originally, Estrada’s counsel said the senator would enter a not guilty plea. But when asked by Sandiganbayan Presiding Justice and 2nd Division chairperson Geraldine Faith Econg, Estrada said he wished to remain silent – meaning he refused to enter a plea.

Because of this, the 2nd Division entered a not guilty plea on Estrada’s behalf. In cases where the accused refuses, the court automatically enters a not guilty on behalf of the accused.

Estrada is facing one count of graft with the 2nd Division due to his alleged involvement in a kickback scheme on flood control projects, and a plunder and another count of graft before the 5th Division over the same allegation.

He was charged by the Office of the Ombudsman on May 28, and was subsequently ordered arrested by the Sandiganbayan on May 29 and on June 1. Estrada has been detained at the New Quezon City Jail in Payatas since June 1.

During the Thursday hearing, the Ombudsman said Estrada allegedly sought funding for P355 million worth of projects in Bulacan 1st District, and another P500 million in other Bulacan districts. Estrada allegedly got at least P213.7 million in kickbacks, according to the prosecution.

The court also mentioned the possibility of Estrada’s suspension. Section 13 of Republic Act No. 3019 mandates that an incumbent public officer shall be suspended if he/she is facing a graft case.

The division gave Estrada 10 days to comment why he should not be preventively suspended.

Estrada’s loss

The senator filed an urgent omnibus motion ad cautelam with the Sandiganbayan containing the following requests:

• Quash the information (void the Ombudsman’s charge)
• Dismiss the case with prejudice
• Suspend the proceedings and remand the case for reinvestigation and/or completion of preliminary Investigation (return the charge to the Ombudsman)

After nearly an hour of oral arguments, the 2nd Division ruled that Estrada’s motions lacked merit.

“The information filed by the Ombudsman against accused Estrada cannot be quashed,” said Econg.

Estrada’s main argument was his letter from the Senate Legislative Budget Research and Monitoring Office indicating there was no record that he had budget insertions for 2025.

“However, when asked… the counsel could not produce the document,” said Econg, adding that Estrada’s camp failed to submit the certification to the prosecution.

Apart from this, Estrada latched his arguments on the claim that he was not properly informed about his cases and was not given the opportunity to respond to the allegations.

“However, what is surprising is that the accused himself submitted a counter-affidavit,” the presiding justice said. “The accused was given a chance to defend himself by submitting the affidavit before the Department of Justice.”

It’s unclear, though, if the resolution also covers the motion to quash filed by former Department of Public Works and Highways (DPWH) secretary Manuel Bonoan. The former DPWH chief — Estrada’s co-accused — has been under hospital arrest since June 1 due to hypertension.

He has yet to be arraigned by the court due to his medical condition. – Rappler.com