Gov't Loses 'Pork,' Coco Levy Cases

The year 2024 saw the conclusion of some of the biggest cases filed before the Sandiganbayan, including the decade-old plunder charges over the pork barrel scam and the 37-year-old wealth forfeiture complaints against the late strongman Ferdinand Marcos Sr. and his wife, former first lady Imelda Marcos, which stemmed from the alleged misuse of the coco levy funds during martial law.

- Elizabeth Marcelo

It was not, however, the conclusion that government prosecutors were hoping for.

On Jan. 19, 2024, the anti-graft court's Fifth Division acquitted Sen. Jinggoy Estrada of plunder in connection with the alleged misuse of his Priority Development Assistance Fund (PDAF) from 2004 to 2012.

Businesswoman Janet Lim-Napoles, the alleged brains of the pork barrel scam, was also acquitted.

The Sandiganbayan said ombudsman prosecutors failed to present sufficient evidence to prove that Estrada and Napoles benefited from the senator’s PDAF worth at least P50 million, the threshold amount of illegally amassed fund for the crime to be considered as plunder.

The Fifth Division, however, convicted Estrada of one count of direct bribery and two counts of indirect bribery.

Napoles was convicted of five counts of corruption of public officials in relation to direct bribery and two counts of corruption of public officials in relation to indirect bribery.

The court said the prosecution established that Estrada received P1 million in bribe money, making him liable for direct bribery and that he received P1.5 million and P4.2 million from Napoles through Ruby Tuason, who has since turned whistle-blower, making him liable for indirect bribery.

Estrada was sentenced to up to 16 years in prison and ordered to pay a fine of P3 million. He was also meted the accessory penalties of suspension from public office and perpetual disqualification from the right to vote.

Napoles was sentenced to up to 62 years in prison and fined P29.625 million.

Fast-forward to August, however, the Fifth Division flip-flopped and granted Estrada’s motion for reconsideration, clearing him of direct and indirect bribery.