MANILA (UPDATED) – The Sandiganbayan has dismissed Senate President Pro Tempore Jinggoy Estrada’s appeal to drop his graft cases in connection with the Priority Development Assistance Fund (PDAF) scam linked to businesswoman Janet Lim Napoles.

In its decision promulgated on March 26, the anti-graft court’s special fifth division denied the demurrer to evidence for Estrada filed on Feb. 22, 2024, as well as his supplement to demurrer to evidence filed on Sept. 19, 2024. 

The court said it was convinced that the plaintiff was able to prove Estrada’s PDAF “was systematically pocketed, was divided among the accused, and nothing went to the supposed beneficiaries of the PDAF-funded agricultural and livelihood programs.”

It added that the plaintiff showed how Estrada “received kickbacks from Napoles.” “[This was] based on the evidence presented, consisting of the testimonies of the whistleblowers and witnesses based on their personal knowledge of the transactions between Estrada, Napoles, and other accused,” the decision read. 

“The documentary evidence presented such as the DDRs, SOR, COA-SAO Report, FIO-OMB Investigation Report, and AMIC Report sufficiently proved that the acts of accused public officers of repeatedly facilitating the illegal transfers of public funds to Napoles' NGOs, purportedly for projects which did not exist, represent quantifiable, pecuniary losses to the government within the context of Section 3 (e) of Republic Act 3019,” it added. 

Estrada in his defense, claims that the [daily disbursement reports] of Luy are unreliable as they are mere print outs and can nowadays be easily manufactured. The Court is not persuaded,” it said. 

The court emphasized that the Commission on Audit’s Special Audit Office, the Ombudsman’s Field Investigation Office, and the Anti–Money Laundering Council’s Bank Inquiry Report were “deserving of weight and consideration.” 

“They were all products of careful, extensive, and meticulous investigation of government records, financial documents, testimonies of witnesses, as well as evaluation of applicable and prevailing laws and regulations,” the decision read. 

“The findings of these agencies of deviations, irregularities, and wanton disregard of the provisions of the law show accused's deliberate intent to circumvent the required utilization and disbursement guidelines for personal gain and to give unwarranted benefits to Napoles, which caused undue injury to the government,” it added. 'Saddened by turn of events'

In a statement, Estrada said he was saddened by the development.

“I am saddened by this turn of events, considering that the Sandiganbayan has already upheld its earlier ruling clearing my name of any involvement in the alleged misuse of Priority Development Assistance Fund (PDAF) allocations,” he said. 

He vowed to continue pursuing legal means to have his named cleared. Estrada is inclined to file a motion before the anti-graft court to reconsider its decision. 

“Nothing bars me from exercising my right to exhaust all legal remedies, including the filing of a motion for reconsideration with the anti-graft court, as I continue to have faith in the fairness of our justice system,” he said. 

“I know that, in the end, the truth will be on my side.” In 2024, the Sandiganbayan upheld its earlier decision to acquit Estrada of indirect bribery and direct bribery. 

In August also in 2024, the anti-graft court reversed its decision and cleared Estrada of one count of direct bribery and two counts of indirect bribery due to lack of evidence. 

The case stemmed from the P183 million of alleged kickbacks from "fake projects" in collusion with Napoles.