(Eagle News)–The Supreme Court has upheld the Sandiganbayan’s decision to allow the use of the Anti-Money Laundering Council inquiry report on alleged pork barrel scam transactions in the plunder case against former Senator Jinggoy Estrada.
In an 11-page resolution penned by Justice Lucas Bersamin, the High Court junked Estrada’s petition for certiorari, prohibition, and mandamus assailing the denial of the Sandiganbayan of his motion to suppress/exclude the report, calling the same moot and academic.
In doing so, the SC reiterated what it said was the constitutionality of Section 11 of RA 9160 or the Anti-Money Laundering Act, allowing ex parte applications by the AMLC for a bank inquiry into those facing plunder charges, citing previous cases.
In the Subido case in December 6, 2016, for instance, the SC said the High Court ruled the AMLC’s ex parte application for the bank inquiry order “did not violate substantive due process because the physical seizure of the targeted corporeal property was not contemplated by the law.”
The High Court also dismissed as “unfounded and bereft of substance” the contention that RA 10167, which amended Section 11 of RA 9160, is an “ex post facto legislation.”
According to the SC, it applies retroactively to bank transactions made prior to the effectivity of the amendment.
In ruling the petition moot and academic, the Court also took note that Estrada was already granted bail by the Sandiganbayan on September 15, 2017.
In that ruling, the Sandiganbayan also denied Estrada’s motion to dismiss the case for lack of merit.
“Considering that the resolutions assailed trace their roots to the bail hearing of Estrada, the aforementioned conclusions of the Sandiganbayan relevant to his bail application, and the eventual grant of bail to him have rendered his petition forcertiorari, prohibition and mandamus moot and academic. There is no question that whenever the issues have become moot and academic, there ceases to be any justiciable controversy, such that the resolution of the issues no longer have any practical value,” the SC said.
