Former Senator Jinggoy Estrada has requested the Sandiganbayan to grant him temporary freedom, arguing that the prosecution’s evidence against him in his plunder case is insufficient to justify his ongoing detention.
In a seven-page petition filed by his legal counsel led by Laurence Hector Arroyo, Estrada maintained that he is entitled to bail because the prosecution has failed to demonstrate robust proof regarding allegations that he pocketed nearly ₱573 million from anomalous flood control projects.
“Here, there has been no showing that the evidence against accused Estrada is strong,” the petition stated, pointing out that the warrant for his arrest was issued based on probable cause—a significantly lower standard of proof.
Estrada highlighted that under the 1987 Constitution, bail can only be denied if the evidence of guilt is strong.
“The rationale is that, if evidence of guilt is strong, the accused has a greater incentive to flee. On the other hand, if the evidence of guilt is not strong, there is a little risk of flight, and the accused is entitled to bail as a matter of right,” his motion added.
Emphasizing the constitutional presumption of innocence, his defense asserted that the prosecution carries the burden of proving strong evidence of guilt.
“There is no strong evidence that during the period of July 2024 to March of 2025, accused Estrada, directly or indirectly, through a combination or series of overt or criminal acts, amassed, accumulated or acquired ill-gotten wealth or unjustly enriched himself,” the document further read.
Estrada has been detained at the New Quezon City Jail in Payatas since June 1 following his arrest for plunder and graft charges stemming from the controversial flood control projects.