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THE
Special Division of the Sandiganbayan on Wednesday
convicted former President Joseph Estrada on two counts
of plunder and sentenced him to life imprisonment, but
did not commit him to the National Bilibid Prison in
Muntinlupa.
The same
court, however, exonerated Estrada’s coaccused in the
case, his son Sen. Jinggoy Estrada and his former lawyer
Edward Serapio, on the ground that the prosecution
failed to prove their guilt beyond reasonable doubt.
At the
same time, the Special Division acquitted the former
President on the other case of perjury, which stemmed
from his alleged misdeclarations in the Statement of
Assets, Liabilities and Networth for the year 1998.
“Judgment is hereby rendered finding the accused, former
President Joseph Ejercito Estrada, guilty beyond
reasonable doubt of the crime of plunder,” the decision
read.
“The
penalty imposable for the crime of plunder is reclusion
perpetua to death. There being no aggravating or
mitigating circumstances, however, the lesser penalty
shall be applied,” the decision added.
Estrada,
who was standing while the decision was being read and
clad in a barong Tagalog, calmly accepted the decision.
He did not move, but shook his head later toward the end
of the reading.
His
daughter Jackie Lopez, however, broke into tears and
sobbed as soon as the court pronounced him guilty, while
his son with former movie actress Guia Gomez, San Juan,
Metro Manila Mayor J.V. Ejercito was teary eyed.
Estrada’s wife, Loi Estrada, tightly embraced the ousted
leader as soon as the decision was handed out.
In
addition to imposed life imprisonment on Estrada, the
court also ordered the forfeiture of his assets, “the
fruits of his corruption acts,” including cash amounting
to P545.291 million, including the P200 million
deposited in the name of his foundation, Erap Muslim
Youth, P189 million deposited in the “Jose Velarde”
account and his so-called “Boracay Mansion” which is
located at No. 100, 11th Street, New Manila, Quezon
City.
On his
way out of the courtroom, Estrada told reporters that he
has been “convicted by a Kangaroo Court as expected.”
“This is
a special division created to convict me,” he added.
Special
Prosecutor Dennis Villa-Ignacio, who led a panel of
government lawyers that prosecuted the more than
six-year-old case, said the decision proves that the
judicial system works.
Estrada’s battery of lawyers, who waited for an hour to
get a copy of the decision, said that they would appeal
the decision, also with the same court.
Lead
counsel Rene Saguisag said that “technically, Malacañang
can now issue a pardon,” but he added, “it would not
take effect, unless accepted.”
Saguisag
noted that his client is strongly against Palace pardon.
“Erap
holds the key to his freedom,” the lawyer said.
Malacañang, however, has not announced that it is
planning to grant Estrada executive clemency.
The
court’s decision was silent on Estrada’s place of
incarceration, prompting the lawyers to ask whether he
should continue to be held at his rest house in Tanay,
Rizal, or he should be committed to the national
penitentiary.
Saguisag
briefly conversed with the former President and informed
the Special Division that his client would not seek
special treatment from the government.
“If it
be Muntinlupa today, so be it,” he told the justices,
adding that Estrada can directly travel to the national
penitentiary from the court.
“The
former President stays in Tanay until further order from
the court,” Sandiganbayan Presiding Justice and Special
Division chairman Teresita Leonardo-de Castro, however,
declared.
While
Estrada was charged with four predicates—accepting and
collecting money out of jueteng operations, on the
acquisition of Belle shares by the Government Service
Insurance System and Social Security System, receiving
P130 million of the Ilocos Sur tobacco excise tax and
opening and maintaining the Velarde account as a
repository for his illicit income. Under the plunder
case, the court only held him on the Belle and jueteng
charges.
“The
collections in several instances from illegal gambling
money went way beyond minimum of P50,000,000 set by the
antiplunder law. These repeated collections of jueteng
money from November 1998 to August 2000 would fall
within the series of illegal acts constituting plunder,”
the court said.
“We find
that the prosecution has established beyond reasonable
doubt that President Estrada directed and instructed
[Social Security System chairman Carlos] Arellano and
[Government Service Insurance System president Federico]
Pascual for SSS and GSIS respectively to buy Belle
shares,” it also said.
But
Estrada’s another lawyer, Estelito Mendoza, said that
the court should have exonerated their client from the
case, based on the definition of plunder, which is a
combination or series of overt criminal acts, and upon
the failure of the prosecution to prove that he was a
conspirator.
He said
that the Belle charges could not in anyway be tied to
the jueteng charges.
Mendoza
noted that former Ilocos Sur Gov. Luis “Chavit” Singson,
who is the prosecution’s principal witness and who
claimed to have collected for Estrada in the jueteng
charges, was not indicted in the case, so there could be
no conspiracy.
“Singson
was the one who collected the money. The acts were
committed by Singson, yet he was not alleged as a
conspirator,” he said.
In the
case of Belle,
Mendoza said that the alleged kickbacks were received by businessman
Jaime Dichavez and not by his client.
Former
Chief Justice Andres Narvaza, who was Estrada’s legal
consultant in the case, said he was disappointed with
the antigraft court’s verdict.
Later,
in a prepared statement handed out by the camp of
Estrada, the former President said that he has been
convicted of a crime that “I did not commit.”
“I am
innocent of all the charges. The prosecution miserably
failed to prove its case. Evidence for the defense were
not even rebutted, yet the Special Division still found
me guilty. The direct and indirect pressures that have
been made on this special court must have been too much
to bear,” he said.
Estrada
said that he was leaving it up to his lawyers to decide
on his next move, confident that “truth and justice will
ultimately prevail.”
Estrada
went to the court accompanied by his family members and
political leaders. Among them Mayors Jejomar Binay of
Makati, Alfredo Lim of Manila, Toby Tiangco of Navotas
and Edward Hagedorn of Puerto Princesa, Sen. Loren
Legarda and Puwersa ng Masang Pilipino Reps. Rufus
Rodriguez of Cagayan de Oro, Didagen Dilangalen of
Maguindanao and Jesus Crispin Remulla of Cavite.
The
politicians said they want to hear the 212-page decision
of the court. Incidentally and in agreement with the
defense, only the dispositive portion of the decision
was read and it was all over in two minutes.
Sen.
Jinggoy Estrada, reacting to the verdict, said he was
greatly disappointed and was receiving the decision with
“indignation.” |
