The Sandiganbayan has reversed it earlier decision that convicted Sen. Jose "Jinggoy" Estrada of one count of direct bribery and two counts of indirect bribery in connection with the P183.7 million allegedly pocketed by the senator out of his Priority Development Assistance Fund (PDAF) from 2004 to 2012.
In his motion for reconsideration which was granted by the anti-graft court, Estrada said there was no proof of money changing hands personally involving him.
He pointed out that the alleged receipt of kickbacks by his Deputy Chief of Staff Pauline Therese Mary C. Labayen is not tantamount to him receiving the same.
In granting the motion and thus acquitting Estrada, the Sandiganbayan said: "Indeed, the delivery of the subject money to Labayen cannot be construed as the bribe received by Estrada, since the prosecution failed to establish the connection between the cash received by Labayen from Napoles and the deposit made to Estrada's account."
"Thus, there is reasonable doubt as to the presence of the second element, or the fact of receiving the bribe by the accused Estrada, as there is no proof of his actual receipt thereof," the court pointed out.
The Sandiganbayan ruled in a resolution issued last Aug. 22: "Accordingly, the Court resolves to grant the motion for reconsideration filed by accused Jose "Jinggoy" P. Ejercito Estrada. His conviction for one count of direct bribery under Article 210 of the Revised Penal Code and two counts of indirect bribery under Article 211 of the same code are hereby reversed and set aside."
Earlier, the Sandiganbayan had acquitted Estrada of plunder in the P183.7 million PDAF but had been convicted of one count of direct bribery and two counts of indirect bribery.
He was sentenced to eight to nine years imprisonment for direct bribery and meted out a special temporary disqualification from holding public office and perpetual disqualification to vote. He was also ordered to pay a fine of P3 million.
He was sentenced to two to three years imprisonment for each of his indirect bribery convictions with the penalties of suspension and public censure and accessory penalties of suspension from public office, from the right to follow a profession or calling, and the right to vote.
His co-accused, businesswoman Janet Lim Napoles was also acquitted of plunder but found but found guilty of seven counts of Corruption of Public Officials. For five counts, Napoles was sentenced to eight to 10 years imprisonment and ordered to pay a fine of P29,625,000. For the remaining two counts, Napoles was sentenced to two to four years imprisonment and suffer the penalty of public censure. She was also ordered to indemnify the government P262,034,000.
The Aug. 22 Sandiganbayan resolution upheld Napoles' conviction as it denied her motion for reconsideration.
"However, the Court partially reconsiders her conviction of one count of Corruption of Public Officials corresponding to the conviction of one count of direct bribery against accused Estrada which is herein reversed," the court said.
Napoles' conviction in four counts of Corruption of Public Officials was upheld, and the imposition of fine and civil liability was also maintained.
The 26-page resolution was written by Associate Justice Ma. Theresa V. Mendoza-Arcega with the concurrence of Associate Justices Rafael R. Lagos and Lorifel L. Pahimna. Associate Justices Maryann E. Corpus-Manalac and Bayani H. Jacinto dissented.