Manila Bulletin
Philippines
SC junks Revilla's petition for being moot due to acquittal in plunder case
Philippines
SC junks Revilla's petition for being moot due to acquittal in plunder case
SC junks Revilla's petition for being moot due to acquittal in plunder case
Published Dec 21, 2019 12:00 am
By Jeffrey Damicog
Since he has been acquitted by the Sandiganbayan of plunder, the Supreme Court (SC) had dismissed for being moot and academic the petition of Senator Ramon “Bong” Revilla Jr. who sought to nullify several orders of the anti-graft court.
Sandiganbayan (MANILA BULLETIN)
In its resolution, the SC reminded that the Sandiganbayan Special First Division issued a decision back in 2018 which acquitted him of plunder in connection with his alleged involvement in the Priority Development Assistance Fund (PDAF) scam.
“In view of the Decision dated December 7, 2018 by the Sandiganbayan acquitting the petitioner of the crime of Plunder, the instant Petition must be dismissed,” read the SC resolution dated November 19.
“The petition is dismissed for being moot and academic,” it stressed.
Prior the Sandiganbayan’s ruling, Revilla filed a petition before the SC asking the nullification of three issuances of the anti-graft court: the December 7, 2017 order which turned down his motion for leave to file a demurrer to evidence; the February 23, 2017 resolution which junked his motion to quash his plunder case; and the November 9, 2017 resolution which admitted the prosecution’s formal offer of evidence.
“To recall, the instant petition stemmed from the Sandiganbayan’s denial of procedural incidents in the main case for plunder,” the SC noted.
“As the main case has already been resolved in the petitioner’s favor, which can no longer be appealed, this case no longer presents any justiciable issue which the Court can rule upon,” the high court stated. S
“imply, since the main case has already been decided on the merits, the instant petition, which involves issues that are merely incidents thereof has become moot and academic,” it added.
In its 2018 decision, the Sandiganbayan acquitted Revilla due to failure of the prosecution to establish beyond reasonable doubt that accused Revilla received, directly or indirectly, the rebates, commission, and kickbacks from his PDAF, the Court cannot hold him liable for the crime of plunder,.”
On the other hand, the anti-graft court convicted for plunder his two accused, namely, businesswoman Janet Lim Napoles and his chief of staff Richard Cambe, both of whom were sentenced to suffer reclusion perpetua.
Sandiganbayan (MANILA BULLETIN)
In its resolution, the SC reminded that the Sandiganbayan Special First Division issued a decision back in 2018 which acquitted him of plunder in connection with his alleged involvement in the Priority Development Assistance Fund (PDAF) scam.
“In view of the Decision dated December 7, 2018 by the Sandiganbayan acquitting the petitioner of the crime of Plunder, the instant Petition must be dismissed,” read the SC resolution dated November 19.
“The petition is dismissed for being moot and academic,” it stressed.
Prior the Sandiganbayan’s ruling, Revilla filed a petition before the SC asking the nullification of three issuances of the anti-graft court: the December 7, 2017 order which turned down his motion for leave to file a demurrer to evidence; the February 23, 2017 resolution which junked his motion to quash his plunder case; and the November 9, 2017 resolution which admitted the prosecution’s formal offer of evidence.
“To recall, the instant petition stemmed from the Sandiganbayan’s denial of procedural incidents in the main case for plunder,” the SC noted.
“As the main case has already been resolved in the petitioner’s favor, which can no longer be appealed, this case no longer presents any justiciable issue which the Court can rule upon,” the high court stated. S
“imply, since the main case has already been decided on the merits, the instant petition, which involves issues that are merely incidents thereof has become moot and academic,” it added.
In its 2018 decision, the Sandiganbayan acquitted Revilla due to failure of the prosecution to establish beyond reasonable doubt that accused Revilla received, directly or indirectly, the rebates, commission, and kickbacks from his PDAF, the Court cannot hold him liable for the crime of plunder,.”
On the other hand, the anti-graft court convicted for plunder his two accused, namely, businesswoman Janet Lim Napoles and his chief of staff Richard Cambe, both of whom were sentenced to suffer reclusion perpetua.