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The Sandiganbayan has denied an appeal seeking to reinstate the conviction of Senator Jose “Jinggoy” Estrada on one count of direct bribery and two counts of indirect bribery.In an eight-page ruling dated November 27, the anti-graft court dismissed the motion for reconsideration filed by the prosecution, saying it cannot revisit the case due to double jeopardy.
Under the rule of double jeopardy, when a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the consent of the accused, the latter cannot again be charged with the same or identical offense.“Besides, the instant motion seeks to revisit the factual findings of Estrada's acquittal that would place the latter in double jeopardy,” the court said.“His acquittal cannot be assailed under the guise of a motion for reconsideration as the first jeopardy has already attached which will be discussed hereunder,” it added.In August, the Sandiganbayan cleared Estrada of charges in connection with the alleged misuse of P183 million in Priority Development Assistance Fund allocations due to lack of evidence.Earlier in the year, Estrada was acquitted of plunder but found guilty of bribery.In their motion, the prosecution argued that the Sandiganbayan erred when it reversed the first ruling that found Estrada guilty. The prosecution also argued that indirect bribery and direct bribery are essentially the same.However, the court said the arguments of the prosecution have already been discussed.“At the outset, the issues raised by the prosecution were already discussed rigorously in the assailed resolution and there is no need to belabor the same. It would be a useless ritual for the Court to reiterate itself,” it said.—Joahna Lei Casilao/AOL, GMA Integrated News
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