The Sandiganbayan defended its decision to allow former Senator Jinggoy Estrada to travel to the US following the inability of the prosecution to prove alleged misrepresentation in his speaking engagement before a Filipino-American group.
In a minute resolution dated Tuesday, the anti-graft court's Fifth Division said it is “not persuaded to reconsider the resolution granting (Estrada) permission for a month travel abroad” from April 30 to May 30.
Estrada claimed to be the guest speaker of the US Pinoy for Good Governance in its annual general membership meeting in Michigan state on May 20.
He said he is expected to discuss issues on the alleged extrajudicial killings in the war on drugs, the controversy on the anti-dengue vaccine Dengvaxia, and the federalism plan of the Duterte administration.
Estrada said he is also scheduled to go on vacation with his family and undergo a medical checkup at the Stanford Hospital in California for his recurring shoulder problem.
But USPGG chairperson Loida Nicolas Lewis and president Rodel Rodies denied having invited Estrada. They said it was only Michigan chapter head Willie Dechavez invited Estrada in his personal capacity.
The prosecution attached this denial in its presentation of evidence in a bid to hold Estrada in contempt for allegedly using a falsified invitation letter.
But Estrada's camp dismissed as hearsay evidence the arguments of the prosecution.
It added the prosecution also made no effort to reach out to Dechavez.
The Sandiganbayan agreed with Estrada.
“The prosecution did not substantiate its claims with any sufficient means of authentication or reliable proof of the alleged forged letter coming from Mr. Dechavez,” the Sandiganbayan said.
“As such, this court cannot give any credence to the prosecution's claims. Hearsay evidence has no probative value whatsoever and therefore, cannot be the basis for overturning this court's earlier ruling,” it added.
Estrada is facing plunder and 11 counts of graft for allegedly pocketing P183.8 million in kickbacks by allocating his pork barrel funds to bogus non-government organizations allegedly owned by Janet Lim Napoles. He is currently out on a P1.3-million bail.