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| © Bernadette Reyes Former Enrile chief of staff Gigi Reyes arrives at the Sandiganbayan to attend the first pre-trial hearing for her plunder case on Friday, July 31. Bernadette Reyes |
The Sandiganbayan has affirmed its denial of Jessica Lucila “Gigi” Reyes' motion to dismiss her plunder case in connection with the pork barrel scam.
In a 43-page resolution, the anti-graft court's Special Third Division denied Reyes' motion for reconsideration of the court's January 3 resolution.
Reyes is a co-accused and a former aide of former Senator Juan Ponce Enrile, who is facing graft and plunder charges stemming from allegations that the former senator amassed P172.8 million from his Priority Development Assistance Fund (PDAF) allocations from 2004 to 2010 by channeling these to the bogus foundations of businesswoman Janet Napoles.
The Ombudsman said Reyes, then chief of staff of Enrile, used to receive the alleged kickbacks from Napoles on the senator’s behalf.
In its resolution, the court gave no merit to Reyes' argument about the timeliness of her motion to quash.
"There is no issue on the timeliness of the filing of the motion to quash.... [C]ontrary to accused Reyes' claim, the Court did not limit her right to avail remedies under the law when it proceeded with her arraignment despite the pendency of her petition for certiorari before the Supreme Court," the resolution read.
The court said Reyes can no longer legally avail a motion to quash because the facts in the case information "sufficiently charge the crime of plunder," and her arguments "must be proven by them during the trial."
Likewise, the court found no merit in Reyes' claim that the case information failed to allege the main plunderer and that the funds in questions were private, and not public, funds of Napoles.
The court also said the Supreme Court itself affirmed the fact that the charges constitute the crime of plunder when it granted Enrile's motion for bill of particulars.
The bill of particulars, according to the Supreme Court, "supply vague facts or allegations in the complaint or information to enable the accused to properly plead and prepare for trial."
The court also said that it had already discussed in its earlier resolution the issues on the allegation of conspiracy and the use of "or" and "and/or" in charging the respondents.
The use of "and/or" simply means Reyes, her deputy chief of staff Jose Antonio Evangelista and Enrile repeatedly received kickbacks from Napoles and her representatives, the court had said then.
As for Reyes' request for release from detention, the court said the proper remedy for it is a petition for bail. But the court had earlier found her grounds for release "without merit both in law and equity."
"Wherefore, the motion for reconsideration... filed by accused Jessica Lucila G. Reyes is denied or being pro forma and for lack of merit," the resolution read.
Reyes is currently detained at the Bureau of Jail Management and Penology Female Dormitory in Camp Bagong Diwa in Taguig City. —NB, GMA News
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