Posts

Showing posts with the label probable cause

Case Digest: Estrada vs. Ombudsman, G.R. No. 212761-62, July 31, 2018

        Rule 112, Preliminary Investigation, Probable Cause | Criminal Procedure Facts: The consolidated petitions for certiorari filed by Senator Jinggoy Ejercito Estrada, John Raymund de Asis, and Janet Lim Napoles assail the Joint Resolution and Joint Order of the Office of the Ombudsman finding probable cause to indict them and several others for plunder and violation of Section 3(e) of RA 3019 in connection with the illegal pillaging of public funds sourced from the Priority Development Assistance Fund (PDAF) of Estrada for the years 2004 to 2012.  They are accused of diverting and disbursing Estrada's PDAF through fraudulent non-governmental organizations created and controlled by Napoles, acquiring significant portions of the diverted funds as commission or kickbacks, and giving unwarranted benefits to Napoles and her controlled NGOs. The scheme commenced with the legislator and Napoles discussing the utilization of the legislator's PDAF, and negoti...

Case Digest: Senator Leila M. De Lima vs. Guerrero, G.R. No. 229781, October 10, 2017 (Probable Cause)

        Rule 112, Preliminary Investigation, Probable Cause | Criminal Procedure Facts: Leila M. De Lima, who was the Secretary of the Department of Justice, and Rafael Marcos Z. Rages, who was the Officer-in-Charge of the Bureau of Corrections, are accused of conspiring with Ronnie P. Dayan, an employee of the Department of Justice, to commit illegal drug trading from November 2012 to March 2013. De Lima and Rages used their power and authority to demand money from high-profile inmates in the New Bilibid Prison to support De Lima's senatorial bid in the May 2016 election. Inmates, using mobile phones and electronic devices, traded and trafficked dangerous drugs and gave the proceeds to De Lima through Ragos and Dayan. The accused received ₱5,000,000.00 on November 24, 2012, ₱5,000,000.00 on December 15, 2012, and ₱100,000.00 weekly "tara" from high-profile inmates. Leila de Lima filed a motion to quash the case, citing lack of jurisdiction, lack of authority on the...

Case Digest: Estrada vs. Ombudsman, G.R. No. 212140-41, January 21, 2015

     Rule 112 Preliminary Investigation, Procedure | Criminal Procedure Facts: In November 2013, the Ombudsman served upon Sen. Jinggoy Estrada a copy of the complaint, filed by the NBI and Atty. Baligod, that criminal proceedings for Plunder as defined in RA No. 7080 be conducted against Sen. Estrada.  Sen. Estrada filed his counter-affidavit. In December 2013, the Ombudsman served upon Sen. Estrada a copy of the complaint filed by the FIO of the Ombudsman, that criminal proceedings for Plunder, as defined in RA No. 7080, and for violation of Section 3(e) of RA No. 3019, be conducted against Sen. Estrada. Sen. Estrada filed his counter affidavit. Eighteen of Sen. Estrada’s co-respondents in the two complaints filed their counter-affidavits between December 2013 and March 2014. In March 2014, Sen. Estrada filed his Request to be Furnished with Copies of Counter-Affidavits of the Other Respondents, Affidavits of New Witnesses and Other Filings (Request) in the first c...