The Fifth Division of the Sandiganbayan on Thursday rejected with finality Senator Jose “Jinggoy” Estrada’s and Janet Lim Napoles’ motions for reconsideration to allow them to post bail for their plunder cases in relation to their alleged unlawful involvement in the pork barrel scam.
Estrada and Napoles are not successful in presenting new arguments that would permit the graft court to decide contrary to their January 7 decision initially denying their petition to post bail.
“There is nothing in said motions (for reconsideration) which would warrant the reconsideration or reversal of the questioned resolution that has not been exhaustively discussed and deliberated upon,” the resolution, signed by Fifth Division chairman Associate Justice Roland Jurado and members Associate Justices Alexander Gesmundo and Ma. Theresa Dolores Gomez-Estoesta, read.
“After this Court has scrutinized every detail of the evidence presented, there is no need to impose on it again the same duty premised on the same arguments,” it said.
“There being no new matter sufficiently persuasive to induce a modification of the questioned Resolution, the denial of the pending Motions for Reconsideration is only inevitable,” the Fifth Division added.
"Otherwise, a repetition of arguments or grounds already discussed in prior incidents may properly be categorized as merely for purposes of delay which this Court should never tolerate," the Sandiganbayan said, citing the case of PCIB v. Escolin.
"WHEREFORE the Motion for Reconsideration filed by accused Senator Jose "Jinggoy" P. Ejercito Estrada is DENIED for lack of merit."
"In the same manner, the Motion for Reconsideration filed by accused Janet Lim Napoles is DENIED for lack of merit," the Sandiganbayan said.
Estrada is currently detained at the Philippine National Police (PNP) Custodial Center in Camp Crame, Quezon City since June 2014 for a case of plunder in connection with the multibillion-peso pork barrel scam.
Estrada is being detained for the "non-bailable" offense of plunder for allegedly getting P183 million "kickbacks" from his Priority Development Assistance Fund (PDAF) in 2004 to 2012 channeled through a bogus non-government organization (NGO) of Napoles.
Napoles is the alleged "brains" behind the P10-billion pork barrel and the P900-million Malampaya Fund scams.