ESTRADA SEEKS TO DELAY ARREST
Inquirer News Service, Apr. 23 2001
LAWYERS for deposed President Joseph Estrada and his son San Juan Mayor
Jinggoy Estrada yesterday asked the Sandiganbayan to delay their arrest so
that they could contest the charge of economic plunder before the Supreme
Court.
Plunder is a capital offense defined as the systematic theft from the state
of P50 million or more.
The defense lawyers also asked the anti-graft court to have the case
returned to the Office of the Ombudsman for preliminary investigation. And
should the court rule against the father and son, their lawyers asked the
Sandiganbayan to give them 10 days to file a petition before the Supreme
Court.
The Sandiganbayan is now examining the charge to determine whether there is
“probable cause” to throw the disgraced President and his son in jail ahead
of the trial.
But Sandiganbayan Presiding Justice Francis Garchitorena said that once there
is “probable cause” an order for the arrest of the ousted leader would
follow.
“If probable cause exists, an order of arrest must issue. Those two things
just follow each other in the most natural and automatic sense,”
Garchitorena said.
He said that should the anti-graft court’s third division delay the issuance
of an arrest warrant, “it will be skirting a very, very tricky and legal
position and it might be held to account for impropriety.”
The petition is the latest step to keep the former action film star free.
Since his ouster amid massive street protests on Jan. 20, he has faced one
corruption allegation after another.
Last week, Sandiganbayan Justice Narciso Nario found strong evidence for two
of eight cases against Estrada--perjury and graft--and issued arrest warrants.
To avoid jail, Estrada immediately posted bail at the court, where he
submitted to mug shots and was fingerprinted.
Estrada was also charged with three other counts of violating the anti-graft
law, illegal use of an alias and violation of the law on ethical standards.
Ombudsman Aniano Desierto asked the court Tuesday to let him withdraw all
graft charges and the ethical standards violation so prosecutors could focus
on the plunder charge.
'Three issues'
The defense lawyers filed the memorandum with the Sandiganbayan as its third
division tried to resolve three issues in connection with the plunder case
against Estrada and seven others. Others named in the charge were the San
Juan mayor, businessman Charlie “Atong” Ang, lawyer Edward Serapio, Yolanda
Ricaforte, Alma Alfaro, Eleuterio Tan and Delia Rajas.
Among the issues that the anti-graft court wanted resolved are whether it has
the power to entertain the motions of the accused and whether they were
given the opportunity to file counter-affidavits under the rules of
preliminary investigation.
The third issue is whether, in the determination of probable cause, the court
can look into violations of the rules of preliminary investigation. “This
court has inherent powers to amend and control its processes and orders and
make them conform to truth and justice; especially when the Ombudsman
refused to give (Estrada) a chance to present his side,” Estrada lawyers
Pacifico Agabin and Cleofe Verzola said.
'Humiliation'
Agabin and Verzola said Ombudsman Desierto did not give Estrada a chance to
answer the charges of plunder. They said Desierto had rushed the filing of
eight cases against Estrada, five of which are now being withdrawn, an act
that they said gave the Estradas “agony and humiliation.”
“The contemptuous recklessness we have seen in the Office of the Ombudsman . . .
is now too obvious when he filed motions to withdraw five of the eight
information he had filed,” the lawyers said.
'Plunder law vague'
“Sound judicial discretion dictates that the honorable court should await the
action to be taken by the other divisions on the Ombudsman’s ex-parte motion
to withdraw information before determining the existence of probable cause
in this case since the subject of the said information are elements of the
plunder case,” they added.
In a separate memorandum, lawyer Jose Flaminiano, the counsel for “Jinggoy”
Estrada, described the plunder law as “vague” and unconstitutional. The young
Estrada has been accused of receiving “jueteng” money from Ilocos Sur Gov.
Luis “Chavit” Singson.
Flaminiano questioned the definition of “ill-gotten wealth,” the elements of
plunder, the criminal forfeiture provision and the “quantum of evidence”
needed to convict an accused.
Flaminiano said that the provision stating that a person who participated
with the public officer in the commission of the crime of plunder was
“constitutionally infirm” as the law does not require the element of
“willful knowledge.”
“It would be unfair to indict a person under this provision when he may have
no knowledge or notice that the offense in which he participated may result
in the commission of plunder which is punished with severe penalties,” he
said.
Flaminiano said the forfeiture provision was also vague because the scope of
the interest or property rights to be forfeited was not clear. As example, he
cited a public officer who accumulated cash from illegal sources and mixed
them with “legitimate” money.
“Should the court order forfeiture of assets only in such proportions as the
assets were derived from the proscribed activity?” Flaminiano asked. He said
the provision on the “rule of evidence” altered “well-entrenched” legal
principles and that it violates the due process provision of the
Constitution.
POLICE BRACES FOR IMPENDING ESTRADA ARREST
INQ7.net, April 24, 2001
Members of the Philippine National Police are standing by for a possible
arrest warrant to be issued by the Sandiganbayan anti-graft court against
ousted president Joseph Estrada. Several police authorities are awaiting
orders in Camp Crame to arrest Estrada once the warrant is handed down.
A television news report said police patrol cars, several police helicopters
an ambulance and the vehicle to be used to transfer Estrada to his prison
cell are now ready for deployment once the order to arrest the disgraced
leader is given.
Even paraphernalia, such as fingerprinting kits, cameras for the mug shots
and documents detailing information on the ousted leader, are now being
readied, the TV news report also said. In a separate television report
supporters continue to flock Estrada's residence in Greenhills, vowing to
prevent authorities from arresting their "idol."
The reports quoted supporters are saying that they will do everything to
prevent Estrada's arrest and only an order from Estrada himself will prevent
them from doing so.
Police continue to monitor the said area, with a police helicopter circling
the vicinity and police units deployed in the area. Government officials
said a police are instructed to practice maximum tolerance in case violence
erupts at the ongoing pro-Estrada vigil.
3 PRISON SITES FOR ESTRADA: The Government is choosing from among three
"alternative" prison facilities for detaining Joseph Estrada amid hectic
preparations for the expected arrest of the deposed president.
Interior Secretary Jose Lina Jr. revealed this yesterday, saying that the
Philippine National Police was deeply immersed in the preparations to
secure Estrada in the event that he is detained while being tried for
plunder before the Sandiganbayan.
Lina made the disclosure as a lawyers' group threatened to sue officials
should the Macapagal administration give special treatment to Estrada
following his arrest.
Last night, after attending Sunday Mass, the ousted president refused to
answer reporters' questions about his impending arrest.
The Sandiganbayan's third division, headed by Justice Anacleto Badoy Jr.,
is expected to issue the arrest warrant any day now.
In a phone interview, Lina confirmed that the five-hectare compound of the
PNP's Special Action Forces Training and Seminar Center in Silang, Cavite,
is one of the detention sites being readied for Estrada.
The others are the Camp Crame detention area and the Camp Bagong Diwa
prison facilities in Bicutan.
The government has not made a final choice on which site to use once the
Sandiganbayan issues the warrant for Estrada's arrest, Lina said. But "if
the Sandiganbayan issues the (arrest and detention) order, the government
does not want to be caught flat-footed," he said.
A military source said yesterday that the Armed Forces leadership had
recently slashed by half Estrada's military security force in reaction to a
report last month that the former president had been assigned around 70
soldiers to guard him.
The source noted that some of the original members of the security force
were deployed to secure Estrada's "other families."
In another interview, responding to a question of how Estrada's military
security detail would respond in the case of the former leader's arrest,
the spokesperson of the Armed Forces said the soldiers would not try to
stop it.
Following the publication of this arrangement, Malacanang noted that
Estrada's security detail was in fact bigger, numbering about 70 men.
No matter where Estrada would be jailed, he would be given some degree of
respect and comfort--such as an air-conditioned room and a private
toilet--befitting a former president, Lina said.
He explained that these "little comforts" would be allowed as long as the
primary objective of putting a person in prison was achieved--in other
words, depriving him of his liberty.
He also said there would be no need to go hard on Estrada because he would
merely be a "detention prisoner, not a convicted prisoner."
In a radio interview on Friday, Sandiganbayan Presiding Justice Francis
Garchitorena said Estrada would not be given "special treatment" although
he would be treated like a former president.
"He will not be treated like a hoodlum. He will be treated like a former
President but he will still be in jail . . . and he will still have to
follow the rules and regulations of the place of detention. He will not
have special privileges. That's clear," Garchitorena said.
Some groups did not agree with the government's stance. "Why should a big-
time politician be given big-time privileges for his big-time crimes?" asked
lawyer Leonard de Vera, spokesperson for Clear (Caucus of Lawyers for Erap's
Abrupt Resignation).
He was reacting to reports that a "jail cell" with amenities like
air-conditioning, a receiving area and a private exercise yard had been
prepared for Estrada at the Special Action Forces Center, which straddles
the border between Laguna and Cavite.
De Vera said his group, together with Dante Jimenez's Volunteers Against
Crime and Corruption, would go to court should Estrada receive special
privileges while in jail.
The Quezon City jail is legally the site where Estrada should be detained
due to its proximity to the Sandiganbayan. But Lina voiced concern that
jailing Estrada there would only expose him to attacks from prisoners "out to
make history" at the expense of the disgraced president.
Reporters, who have been awaiting the issuance of the arrest order since
last week, have been hounding court personnel for any information on the
matter.
Estrada's arrest will be handled by law enforcement units since the
Sandiganbayan merely issues orders but does not implement them,
Garchitorena said in an interview Friday. Inquirer, 04/23/2001
ESTRADA'S ARREST IS NOT POLITICAL, BUT A CRIMINAL CASE: TIGLAO
INQ7.net,April 23, 2001
IT WILL be business as usual in Malacañang tomorrow, in the event authorities
arrest and detain ousted leader Joseph Estrada, newly-appointed presidential
spokesperson Rigoberto Tiglao said.
In a press conference today, Tiglao stressed that Estrada's arrest is a
criminal proceeding and not a political case. He told reporters that Estrada
could be arrested tomorrow following an impending Sandiganbayan arrest
warrant which will be enforced by the graft court's sheriff with the
assistance of the police.
Tiglao also downplayed reports that mass unrest will erupt once Estrada is
arrested, as claimed by the fallen leader's lawyers.
ESTRADA VOWS TO FIGHT "THIS TRAVESTY OF JUSTICE"
INQ7.net with AFP, April 23, 2001
OUSTED president Joseph Estrada on Monday denounced government efforts to
have him jailed for corruption and economic plunder, calling the proceedings
a "travesty of justice."
He said in a statement that he expects to be arrested shortly, three months
after he was toppled in a popular revolt. "Today, the issuance of a warrant
for my arrest is being railroaded without regard to my constitutional rights.
This is being done to ensure my incarceration even if the processes for the
investigation of the charges against me are effected without due process."
Meantime, Estrada supporters are growing in number at the fallen leader’s
Polk Street, Greenhills residence, radio reports said. From about 1,000 this
morning there are now about double that number as of this late afternoon, the
reports said.
Pro-Estrada groups also held a small rally in front of the Sandiganbayan
court this afternoon. Some Estrada supporters were quoted as saying they
would hold their own version of "People Power" if Estrada is arrrested.
Estrada posted bail last week after he was indicted for corruption. But he
is also charged with plunder, for which bail is not allowed.
"I deplore this systematic and blatant violation of my rights to due process,"
he said, claiming the ombudsman had proceeded to charge him "with much haste
and impunity."
He said he would defend his rights under the country's constitution and laws,
as well as the rights of 10 million Filipinos who voted for him in the 1998
presidential election. "I will fight this travesty of justice."
Estrada added that he is ready to be jailed, but he would not accept the
verdict if he was convicted in an "unjust trial."
AIRCON CELL AWAITS ESTRADA
Inquirer News Service, April 22, 2001
A SPACIOUS air-conditioned prison cell with a receiving area and an exercise
yard has been prepared for Joseph Estrada in the five-hectare compound of the
Philippine National Police’s Special Action Forces Training and Seminar
Center in Silang, Cavite, a PNP official told the INQUIRER yesterday.
The 80 square-meter facility would be the indicted former president’s
"temporary home" while undergoing trial on plunder charges, until he is
either convicted or cleared by the Sandiganbayan, the source said.
On the other hand, San Juan Mayor Jinggoy Estrada, one of the co-accused in
the plunder case against his father, will be detained in an ordinary jail
cell, according to the official.
The cell reserved for the ousted president, however, is equipped with its
own bathroom with a simple shower, a television set and a refrigerator. A
receiving area for visitors was also constructed.
The facility will be complemented with a 300 square-meter lot, where Estrada
would presumably be allowed to exercise daily and get some fresh air and
morning sunlight.
What makes the room look like a prison cell is a security-locked jail
railing outside the door, the source said. The facility was constructed a
few weeks before the Supreme Court handed down its final decision rejecting
Estrada’s claim to the presidency and stripping him of immunity, according
to the official.
No telephone or cell phone will be allowed inside the cell, he said.
But Estrada, who has made little effort to hide his contempt for the press
will be provided with several newspapers upon his request, the source added.
He would also be allowed to bring along his favorite books, the official
said, adding that the cell had an area where he could write his memoirs if
he wished. As provided for by law, conjugal visits would be allowed with his
legal wife candidate and former first lady Luisa "Loi" Estrada.
'Respect befitting a former president'
The deposed leader would be accorded "the respect and dignity befitting a
former president" from the moment of his arrest until he is eventually
cleared or convicted, Philippine National Police chief Director General
Leandro Mendoza said yesterday.
An "adequate" number of prison guards would be assigned to secure the ousted
president around the clock, said the anonymous official.
"Any group of mercenaries who would attempt to harm (him) or make possible
Mr. Estrada's escape should take a closer look. Mr. Estrada will be placed
under maximum-security status," the source told the INQUIRER.
The facility is surrounded by a concrete wall, which isolates it from the
rest of the compound. The "mercenaries" would have to penetrate the wall
followed by three layers of barbed wire fence, each of which is equipped
with security locks, the source said.
He said that Mendoza opted to construct the facility to prevent any
"disturbances" sparked by Estrada’s imminent arrest and detention.
'Tuesday'
The official, who requested anonymity, said Estrada would be arrested on
Tuesday. Arresting officers will not use handcuffs as long as Estrada does
not resist arrest and goes along with them peacefully as promised, Mendoza
said in a separate interview.
Mendoza and Director Rex Piad, chief of the PNP directorial staff, will
assist the sheriff of the Sandiganbayan in serving the warrant for the arrest.
"We assure Mr. Estrada that he will be accorded with dignity befitting his
status as former president and his guaranteed constitutional rights as an
accused will be respected and protected," Mendoza said.
"The rules and procedures as required by law on arrest and detention will be
strictly observed."
Security plan
Mendoza refused to reveal where Estrada would be detained except to say he
would be provided with an "appropriate detention cell considering his . . .
status as former president of the land."
Options that have been considered for incarcerating the former president
include prison facilities in Camp Crame, Bicutan and at the Sandiganbayan
itself.
However, the source said, Mendoza was concerned about the security situation
in those places. "If Estrada supporters mount a protest rally outside of
say, the Camp Crame detention center, the anti-Estrada camp will launch its
own rally . . . The police would accomplish nothing but disperse crowds,"
the source said.
A contingency security plan has been designed to control a crowd that is
expected to prevent the police from arresting Estrada.
For 10 days now, members of various organizations under the Samahang Erap
have been staging a picket to "guard" the Polk Street residence of Estrada
in North Greenhills, San Juan.
Elements from the Intelligence Service of the Armed Forces of the Philippines
(Isafp) and the National Bureau of Investigation are on standby to augment
the security provided by the PNP.
"For the sake of the deposed president and in the interest of the country
it is best that Mr. Estrada is fully secured," Mendoza said.
Security at the anti-graft court is also being beefed up in anticipation of
an announced protest rally on the premises tomorrow, said Sandiganbayan
Sheriff Ed Urieta.
"I’m meeting with officials of the Central Police District today to talk
about plans for the expected large pro-Estrada rally on Monday," he said in
a telephone interview yesterday.
He added that no warrant for Estrada’s arrest had been issued as of yesterday
afternoon. Urieta with police officials have come up with "Oplan Payapa" to
secure the premises in the case of Estrada’s arrest and trial.
Spoiler
Talk about the impending arrest spoiled the 64th birthday party of the
deposed president on Thursday, according to Estrada lawyer Rene Saguisag.
A "very credible messenger" of a "very high government official" arrived at
the party at Estrada’s Greenhills home and announced that the indicted
former president was going to be arrested on his birthday.
"On getting the news that he would be arrested right on his birthday, he
(Estrada) sighed and said something like `Hindi ko akalaing sasapitin ko
ito (I didn’t expect this to happen to me).’ They could not even let him
enjoy his party. They want to take every shred of dignity left in him,"
Saguisag added, even though the announcement had been a false alarm.
Justice Secretary Hernando Perez announced on Friday that he expected the
Sandiganbayan to issue a warrant of arrest against Estrada tomorrow.
Perez was quoted as saying that the issuance of the warrant was delayed
because of a Saguisag motion asking the Sandiganbayan to postpone it for
five days.
Saguisag denied this, saying that although he is a member of Estrada’s legal
team, he has not entered his appearance in any of the Sandiganbayan cases
because of previous commitments.
"What the Estrada lawyers said . . . was that since the accused had been
given five days to file his memorandum in the plunder case, no warrant
could be issued (during) that period," Saguisag said
PROSECUTORS GROPE FOR LEGAL BASIS
Inquirer News Service, April 21, 2001
THE GOVERNMENT’S legal team is hard put to cite a legal basis for its motion
to withdraw the graft cases it had filed against Joseph Estrada.
At a hearing yesterday afternoon, Special Prosecutor Jesus Micael told the
Sandiganbayan’s fifth division that state prosecutors wanted to withdraw the
graft case based on the BW Resources scam to expedite the plunder case filed
against the ex-president.
When the court, chaired by Justice Minita Chico-Nazario, asked him to cite
the legal ground for the motion to withdraw, Micael said this was not cited
in their manifestation.
"Are you admitting that there is no legal ground? (Are you telling us that
the legal ground would be discernible) if we read between the lines?" the
court said.
The three justices of the court subsequently directed Micael to amend the
manifestation within five days and to cite the legal ground to justify the
withdrawal of the case. Hours earlier, Ombudsman Aniano Desierto said state
prosecutors were "overprepared" in the legal battle against Estrada.
He said this could account for the blunders they committed at the hearing
Thursday, in the course of which they were asked by Sandigan Presiding
Justice Francis Garchitorena to define plunder.
"We were overprepared . . . we were ready," Desierto told the INQUIRER.
He added: "They were asked the definition of plunder . . . You should not
ask the prosecutor what plunder means because that is an insult to the
prosecutor. They did not answer because it’s an insult to them.
"In the College of Law at the University of the Philippines, do you ask what
plunder is?" But Desierto appeared to contradict his own assessment of the
prosecutors when he told reporters that he made an appearance at the court
"to find out (if they) were not prepared."
"That’s why I came here . . . "he added.
Desierto and his deputy, Margarito Gervacio, attended the morning hearing at
the Sandigan’s fourth division. The Ombudsman also attributed the initial
snags encountered by the prosecutors to the holidays, the fact that the
cases were raffled off to five courts, and "clerical problems."
"We don’t expect any more problems," he said.
'Different assessment'
The Sandigan does not agree with the Ombudsman’s assessment of the state
prosecutors. Sought for comment, Garchitorena said: "When somebody in the
courtroom doesn’t seem to know what it is all about, you get professorial
because you have to find out whether they know what they’re talking about.
Otherwise, technically, we are wasting time."
Garchitorena said it was the state prosecutors who raised the issue of
plunder.
When they said that the case they wanted to withdraw would be integrated
into the plunder case, he said, the court wanted to know how this would be
done.
"If that is a classroom question, you better have a good classroom answer
because if you can’t even have (that), then somebody didn’t study last
night," Garchitorena said.
At the morning hearing, Desierto told the court chaired by Justice Narciso
Nario that they were trying to evade the charge of "double jeopardy."
He said this was why he wanted the graft case concerning the tobacco excise
tax withdrawn from the court. "We were actually toying with the idea of not
filing the charges, but the demands of the evidence required us to file the
charges. So we (did)," he said.
Asked why they filed the case if they were anticipating double jeopardy
Desierto said that when they did so, they thought that Estrada’s lawyers
wanted to speed up the trial. But recent events showed that this was not so
he said, citing the defense motion asking the Supreme Court to stop the
Sandigan from hearing the case to prove his contention.
But the court was unconvinced. It directed the Ombudsman to come up with a
new memorandum, which should include the double-jeopardy justification,
within five days.
Desierto later said another group, this time to be composed of lawyers from
various government agencies, would handle court appearances.
"There’s the Ombudsman, the secretary of justice, the solicitor general the
chief state prosecutor, the overall deputy ombudsman. We will have a panel
of 12 persons in these cases," he said, adding:
"This is only initial—the withdrawal of a case. Naturally, we are not
(always present) here because the withdrawal of information does not really
require the presence of all of us."
'No Consultation'
Lawyer Leonard de Vera, spokesperson of the private prosecutors assisting
the Office of the Ombudsman, yesterday complained that despite their requests,
they were neither consulted nor were the drafts of the criminal information
filed with the Sandigan shown to them.
According to De Vera, the private prosecutors had "made it clear to the
Ombudsman" that the graft cases to be filed against Estrada should not
involve "acts arising out of the same cases already included in the plunder
charge."
He said they had pointed this out to Desierto "to avoid a defense of double
jeopardy," but that the Ombudsman ignored their suggestion.
"Had we been consulted or listened to by the Ombudsman, these needless
errors could have been avoided," De Vera said. Desierto had earlier claimed
that the motion to withdraw five of the eight cases filed against Estrada
and 19 others was a tactical move.
In Lingayen, Pangasinan, reelectionist Sen. Franklin Drilon said the state
prosecutors deserved the scolding they got from the Sandigan Thursday.
"Maybe they deserve a little jolt once in a while so that they'll prepare
better," Drilon, a candidate of the People Power Coalition, told reporters.
Drilon said the prosecutors needed to prepare themselves well because public
interest and confidence in the justice system were at stake.
Joker Arroyo, also of the PPC senatorial ticket, said no damage was done in
the way Desierto had handled the cases against Estrada, including his
decision to withdraw the graft cases.
Arroyo said there was "no universal cry" against the motion to withdraw. He
noted that the legal circle was not even debating on it, and that it was
only Estrada's lawyers who were "making a big issue" out of it.
"In the final analysis, what the Sandiganbayan will judge is not really
procedural flaws but evidence (on the cases), which I keep on repeating is
so damaging that it can't be overlooked," Arroyo said
SANDIGAN CHIEF SCOLDS 'UNPREPARED' PROSECUTORS
Inquirer News Service, April 20, 2001
Government prosecutors seeking to withdraw graft charges against Joseph
Estrada got a scolding yesterday from Sandiganbayan Presiding Justice Francis
Garchitorena for coming to court unprepared.
Garchitorena also questioned the wisdom of filing a single plunder case
against Estrada, asking if it could be considered a single act if a
government official took P20 million and, at the end of his term, another
P30 million.
The question floored Special Prosecutors Leonardo Tamayo and Victorio
Tabanguil, who struggled vainly to come up with an answer.
In an apparent bid to end the questioning, Tamayo warned the anti-graft court
that asking for a definition of plunder could lead people to believe that
the court was "lawyering" for the disgraced leader.
Garchitorena retorted that plunder was one of the reasons cited by the Office
of the Ombudsman in the manifestation to withdraw the cases, and reminded
the prosecutors that it would be the court, and not the public, that would
decide whether the cases could be withdrawn.
"They (the public) are not graduates of law . . . The public is not ordained
by jurisprudence to justify the withdrawal of information," he said.
According to Section 2 of Republic Act 7080, a public officer is guilty of
plunder if, by himself or in connivance with members of his family
relatives by affinity or consanguinity, business associates, subordinates or
other persons, he amasses, accumulates or acquires ill-gotten wealth through
a combination or series of overt or criminal acts as described in (Section 1
of the same law) in the aggregate amount of at least P75 million.
The Office of the Ombudsman had filed 11 criminal cases against Estrada and
several others. But it filed only one plunder case based on the same
allegations.
It said these formed a series of acts although it later decided to withdraw
five of the cases, one of which was lodged before the Sandigan’s first
division under Garchitorena.
Ombudsman Aniano Desierto had earlier tried to justify the move to withdraw
the cases by saying it would focus government prosecutors’ efforts on
pursuing the plunder case.
This was the same line adopted by the prosecutors yesterday. They read
Desierto’s press statement, adding that the five cases involved "lesser"
charges. This remark prompted the court to remind them that jailing a man
for several years could not be defined as a "lesser" charge.
Amended complaint
Also yesterday, the Office of the Ombudsman filed with the Sandigan a six-
page amended complaint for plunder against Estrada, claiming it was a near-
perfect complaint in form and in substance.
Desierto said the filing of the amended complaint left the Sandigan no other
option but to immediately issue a warrant for the arrest of Estrada and his
supposed co-conspirators--Jinggoy Estrada, Charlie "Atong" Ang, Edward
Serapio, Yolanda Ricaforte, Alma Alfaro, Eleuterio Tan and Delia Rajas.
The amended complaint did not include any new accused but explicitly described
Estrada as a former president. The word "president" was inadvertently omitted
after the word "former" in the charge sheet.
Thus, the original charge sheet named "former Joseph Estrada" alias Asiong
Salonga and Jose Velarde as the main respondent in the non-bailable offense
of plunder.
Desierto maintained that the omission was not intentional. "There was
clerical inadvertence in the form because of the missing word ‘president.’
But in the body (of the complaint) the word is there," he said.
Desierto said the omission would not actually render the complaint or
information for plunder defective because the allegations or the body of the
complaint explicitly referred to Estrada as a former president. "But just
the same, we corrected it to leave no room for any legal technicalities,"
he said.
Aside from that correction, the amended complaint spelled out "specific
amounts, not just the total amount . . . and the sources of the ill-gotten
wealth, not just the general source," he said.
The new complaint now stipulates--in figures and in words--the P545 million
allegedly received by Estrada from "jueteng" lords. "In the old complaint we
said the money came from illegal gambling. Now we categorically state that it
came from jueteng ‘in the form of gift, share, percentage, kickback or any
form of pecuniary benefit,"’ Desierto said.
Desierto appeared unperturbed by the threat of Estrada’s lawyers to seek his
impeachment, saying: "Estrada’s troubles will not end with the Ombudsman
being impeached."
He said the Office of the Ombudsman would not stop until Estrada is punished
for "sins to the Filipino people."
"If I’m removed, somebody takes over anyway. There will be many others--more
competent and dedicated than me--who will take over my office. They will see
to it that he gets jailed," Desierto said.
Defense
The government team tried to defend their motion to withdraw by saying that
the case was merely a "duplication," that the allegations were included in
the plunder case, that the case was "lesser," and that they felt that the
court should not interfere with their "strategy."
Tamayo also told the court that since it had not yet issued a warrant for
arrest, the case could not be considered within its jurisdiction.
But to these arguments, the court pointed out that a Supreme Court decision--
Crespo vs. Mogul--gives the court jurisdiction over the case.
To this, Tamayo replied: "What we are saying, your honor, is that this court
has not acquired jurisdiction of the accused because it has not issued
warrants of arrest…"
Garchitorena informed the prosecutors that Estrada had already posted bail
for six of the cases, and that with that act, he could be considered as
having submitted himself to the jurisdiction of the court.
"That is why the lawyers of the accused are here," Garchitorena said.
Surprisingly, Tamayo said: "We did not know that, your honor."
"You did not know that?" Garchitorena said.
"We did not consider that--the bail--at this point, your honor…" Tamayo
replied. At the tail-end of the hearing, the prosecutors asked for a 30-
minute break to review their position. Reporters took this as a cue to file
out of the court--even without a declared suspension of proceedings--to
conduct interviews.
At the end of the break, the reporters were surprised to learn that they had
been barred from re-entering the courtroom as their exit had supposedly
disrupted the proceedings.
When the hearing resumed, the court directed the prosecutors to file a
written memorandum for the withdrawal of the case. The defense was given
another five days to reply. The court set the next hearing for May 7.
The second set of prosecutors handling the second case sought to be
withdrawn--this one involving jueteng collections and filed before the third
division composed of Justices Anacleto Badoy, Teresita Leonardo-de Castro
and Ricardo Ilarde--was also given five days to bolster their arguments.
Forfeiture cases
No rest is in sight for Estrada. After the May 14 elections, President
Macapagal-Arroyo’s administration plans to file forfeiture cases against him
involving his alleged "ill-gotten" assets, including his supposed mansions.
Solicitor General Simeon Marcelo said Wednesday night that the procedure
would be "simple" as the government would use as basis Estrada’s statement
of assets and liabilities, wherein he declared only P35 million in assets.
Marcelo also said private prosecutors planned to include Estrada’s wife
former first lady Luisa Ejercito, as "co-conspirator" in the plunder case
that was originally filed against the ex-president
PLUNDER CASE VS. ESTRADA, VELARDE UNDER FORMAL INVESTIGATION
INQ7.net, April 20, 2001
THE PLUNDER and graft case against deposed president Joseph Estrada and his
spiritual adviser, Mariano "Brother Mike" Velarde is now under formal
preliminary investigation, according to Ombudsman Aniano Desierto.
Desierto told a radio interview that they will ask the respondents in the
case, Estrada and Velarde, to submit their responses to the charges against
them. The two have been charged with plunder and graft for allegedly
conniving to sell land to the government at an "outrageously overpriced" sum
two years ago.
Velarde allegedly sold a total of 79,638 square meters to the government
with a declared market value of P52,195,640 for P1,222,841,490.
The case, the 11th criminal charge to be brought against the ousted President
before the Office of the Ombudsman, involves the irregular purchase of
private lands for the construction of the 7.5-km road network, called the
C-5 Link Expressway, to connect the C-5 highway to the South Luzon Expressway.
The Ombudsman said that they have already examined the complaint filed by
lawyer Ernesto B. Francisco, and decided that it merited a formal
investigation.
Also named in the 67-page complaint were Velarde’s son, Franklin, former
Estrada Cabinet secretaries Ronaldo Zamora and Gregorio Vigilar and 14
others. The accused were charged with conspiring to defraud the government
of more than P800 million for the right-of-way acquisitions (Rowa) for the
Manila Cavite Toll Expressway Project (MCTE).
OMBUDSMAN SEEKS EARLY ARREST OF ESTRADA
Inquirer News Service, April 18, 2001
Ombudsman Aniano Desierto will file today an amended complaint for plunder
against Joseph Estrada to force the Sandiganbayan to immediately issue a
warrant for his arrest.
Desierto yesterday told the INQUIRER that senior Ombudsman officials had
consented to the filing of the amended complaint so that the Sandigan’s
third division, which is handling the plunder case, would have no reason to
delay the issuance of the arrest warrant.
"It is in the discretion of the Office of the Ombudsman to file an amended
complaint to strengthen the case and also to speed up the proceedings," he
said.
But Estrada’s legal team plans to wage a separate war against Desierto, who
it said, was kowtowing to political interests to "humiliate" the ex-president
by first suing him for multiple crimes, forcing him to post bail and pose for
mug shots, and then withdrawing most of the charges afterwards.
Lawyer Raymond Fortun told the INQUIRER they would "definitely file a civil
action against Desierto for tarnishing Mr. Estrada’s reputation."
The civil action, which will demand a still undetermined amount for damages
will most likely be filed next week with the Manila Regional Trial Court, he
said.
In a press conference, Estrada spokesperson Jesus Crispin "Boying" Remulla
said they were also considering "going to Congress to seek the impeachment"
of Desierto. Remulla accused Desierto of "showing political color in filing
so many cases that were later dropped" and of allowing the Office of the
Ombudsman "to be used for political persecution."
Estrada himself grumbled about having been forced to go to the Sandigan on
Monday to surrender because of two arrest warrants issued against him that
day. He also went on to post bail for four other cases to preempt the
issuance of other warrants.
He was referring to Desierto’s move on Tuesday to withdraw five of the eight
complaints filed on April 4 against him so prosecutors could focus on the
plunder case.
'Probable cause'
Desierto said the amended complaint would show probable cause to warrant the
arrest of Estrada and his co-accused—his son Jinggoy Estrada, Charlie "Atong"
Ang, Edward Serapio, Yolanda Ricaforte, Alma Alfaro, Eleuterio Tan and Delia
Rajas.
"For plunder to exist, there must be a showing that at least three instances
of criminal acts were committed by a public official to illegally amass
wealth in excess of P50 million," he said.
Thus, Desierto said, the amended complaint would contain "specific" details
on the three grounds for plunder in which Estrada allegedly earned at least
P4 billion—P130 million from tobacco excise taxes, P545 million from
"jueteng" bribes, P189.7 million from the purchase of Belle Corp. shares
and the P3.2 billion "Jose Velarde" account.
"For example, in the earlier complaint we indicated the total amount of the
anomalous transactions in the purchase of Belle shares of stock by the
Government Service Insurance System and the Social Security System,"
Desierto said.
"In the amended complaint, we will thresh out the specific amounts spent by
the GSIS and SSS in purchasing the shares on Estrada’s behest," he said.
Filing an amended complaint will also allow the Ombudsman to ensure that the
plunder case—the gravest case to be lodged against a former president—will
be airtight.
"We will also convert the (monetary) figures into words for easy reading of
the justices," Desierto said. "The plunder case will be very detailed so that
there will be no impediment in the other graft cases."
Desierto said the filing of an amended complaint was an offshoot of the
Ombudsman’s withdrawal of five graft cases against Estrada. "The amended
complaint will also ensure that the plunder complaint will not mention the
grounds cited by the other remaining cases (perjury and illegal use of alias)
and vice versa," he added.
'To speed up case'
Desierto maintained that his move to withdraw the five cases would speed up
the trial of the plunder case. "We don’t want Estrada’s lawyers to delay or
stop the plunder proceedings. We don’t want that to happen. We’re not saying
that there would be double jeopardy if we pursue the other cases. We just
don’t want Estrada to again go to the Supreme Court and stop the proceedings,
he said.
He belied the claim of Estrada’s lawyers that the withdrawal was an explicit
admission by the Ombudsman that the cases were weak.
"If our move was wrong, then they should be laughing at us now. They should
be happy. On the contrary, they are angry because we preempted their move,"
Desierto said.
Speaking over dzEC, Estrada was particularly sore over the fact that "I had
to climb the first floor, second floor, third and fourth floors" of the
Sandigan whereas "it could have been arranged that I sign all the papers
(pertaining to my bail) in just one room."
The Associated Press quoted Fortun as saying that if Estrada were ordered
arrested for the non-bailable charge of plunder, "I would move that he be put
under house arrest on the grounds that as a former head of state, he is
entitled to all the respect, considerations and courtesies due him."
At the press conference, Remulla and the other speakers—senatorial candidates
Ricardo Puno and Juan Ponce Enrile of the Puwersa ng Masa—agreed that the
withdrawal of the five charges “weakened” the government’s case against
Estrada.
"Does that mean that those cases were without substance (walang laman)?"
Puno wondered aloud. "Withdrawing them was an act of swallowing his
(Desierto’s) pride."
Enrile, however, conceded that in a strictly legal sense, "what Desierto did
was correct."
"Withdrawing the graft charges was correct because graft is already absorbed
as an element of plunder. You cannot commit plunder without committing
graft, like through falsifying documents . . . The Ombudsman used his brain
for once," Enrile said.
'No right'
But Gerry Albert-Corpuz, information officer of the militant fisherfolk group
Pamalakaya, said Desierto had “no right” to do what he did. "The people have
strong evidence against Estrada. We demand that Desierto and his men cease
and desist from this foolish act,” Corpuz said in a statement.
Justice Anacleto Badoy Jr., acting chair of the Sandigan’s third division
said it was still determining probable cause in the plunder and two other
cases it was handling.
Badoy said that the division had received only one set of 35 folders of
evidence pertaining to the cases, and that the Ombudsman had yet to send two
other sets for its two other justices.
He said the plunder case was being contested by several of the accused, who
had asked the court to send back the case to the Ombudsman for preliminary
investigation.
"The court took no action on the motions for the reason that it has not yet
acquired jurisdiction over the person of any of the accused," he said.
One of the two other cases raffled to the third division concerns allegations
that Estrada and several others violated the code of ethical conduct for
government officials. The other deals with allegations that some Ilocos Sur
officials falsified public documents.
Badoy said that while the Ombudsman wanted the ethical-conduct case
withdrawn, this was still "under consideration” by his division. The plunder
case and the two other cases are part of the batch of 11—eight involving
Estrada—filed by the Ombudsman before the anti-graft court.
Policarpio posts bail
One of the cases involves former presidential legislative liaison officer
Jose Jaime Policarpio, who posted bail of P6,000 the other day at the
Sandigan. Policarpio was named in the indirect bribery case after it was
alleged that he was the "JimPol" being referred to in the log book submitted
by Ilocos Sur Gov. Luis Singson on the jueteng issue.
According to Singson’s testimony, "JimPol" received P2 million a month from
jueteng collections from November 1998 to August 2000. Policarpio had denied
that he was the "JimPol" being referred to in the log book.
ESTRADA DENIES PLEADING FOR HOUSE ARREST
April 19, 2001
By INQ7.net
FORMER president Joseph Estrada denied reports that he is negotiating with
the government to be placed under house arrest instead of being jailed.
The deposed leader, who is celebrating his birthday today, said that he
would never make this request since he knows the Macapagal-Arroyo
administration would not grant it, according to a radio report. He said that
the government is kicking him even though he is already down, saying that the
administration is filing cases against him left and right.
In a separate radio report, however, President Gloria Macapagal-Arroyo
denied that the government is harassing the former leader. Presidential Chief
of Staff Renato Corona said that the Palace is not behind the filing of the
cases. He said that private individuals are the ones pressing the charges
against Estrada.
Meanwhile, Solicitor General Simeon Marcelo said that a house arrest is not
provided for by Philippine laws. He added that it would not be proper to
extend special treatment to Estrada in light of the criminal charges against
him.
Estrada stressed that he would not flee the country because he is willing to
undergo the judicial process, even if he is charged with a non-bailable
offense.
PHIL.GOV'T. TO SEIZE ESTRADA ASSETS
Inquirer News Service
April 19, 2001
GOVERNMENT lawyers are to seek a court order to seize five mansions and
certain bank accounts allegedly owned by deposed Philippine leader Joseph
Estrada, an official said Thursday.
Solicitor General Simeon Marcelo said his office has substantial evidence to
prove that the assets are illegally acquired. The value of the alleged
Estrada assets were not disclosed. Marcelo said the documents are ready but
he is waiting for a signal from Ombudsman Aniano Disierto to file the
forfeiture case.
"There is more than much to sustain a conviction beyond reasonable doubt. I
believe that there will be no way that the charge will be dismissed by the
Ombudsman," Marcelo said.
Desierto has indicted Estrada on eight corruption-related charges. The charge
sheet said the former leader took advantage of his official position and
influence to amass more than four billion pesos (80 million dollars) in
illegal wealth through "a combination or series of overt and criminal acts."
He was briefly detained last Monday but is now free on bail. Estrada has
denied ownership of mansions occupied by his acknowledged mistresses.
The expensive homes and his alleged secret bank accounts became a major issue
in a corruption scandal which led Congress to impeach him last November. The
case went to trial in the Senate but ended inconclusively. A popular
uprising forced him from power on January 20.
ERAP HAS LOST POLITICAL WAR, SAYS LAWYER (Manila) Disgraced president Joseph
Estrada insists he still enjoys the masses’ support but his chief lieutenant
in the Pwersa ng Masa opposition coalition admits the ousted leader has
"lost the political fight."
Jose Crispin Remulla said Estrada still hopes to win the legal war but the
former chief executive himself expressed doubt about getting justice under
the present administration.
"I will exhaust all legal remedies, but it seems that I will not get justice
under this administration ... so I now leave my fate to God," he told dzEC a
radio station operated by the pro-Estrada religious group Iglesia Ni Cristo
(INC).
In Davao City, former executive secretary Edgardo Angara admitted that the
cases against Estrada are taking toll on the campaign of the opposition bloc
Pwersa ng Masa.
As the former president’s lawyers tried to forestall the issuance of an
arrest warrant for the plunder charge filed against Estrada and his son, San
Juan Mayor Jinggoy, the Bureau of Immigration issued new hold orders against
the two men, former first lady Loi Ejercito and several other aides, cronies
and associates.
'Warning'
The Philippine Air Force (PAF), meanwhile, threatened to shoot down Estrada
if he tries to sneak out of the country via a private jet. Col. Lino Horacio
Lapinid, PAF spokesperson, said officials have readied two F-5 fighter jets
to intercept Estrada’s plane and force it back.
Lapinid said crew of the two jets, based at the Basa Air Force in
Floridablanca, Pampanga, has been given a "30-minute window" to intercept the
ex-president’s plane.
If Estrada’s pilot ignores their command to turn back, Lapinid said the
government crew will have no recourse but to shoot down the plane. Estrada’s
family and allies had earlier warned of massive civil unrest should an arrest
warrant be issued for the ex-president.
But when he posted bail at the Sandiganbayan Monday, only a little more than
100 people were there to give him support. A similar number gathered in front
of the Estrada’s San Juan mansion.
Vice President Teofisto Guingona scoffed at the forecast of civil violence
by JV Ejercito, Estrada’s son by former movie starlet Guia Gomez, calling it
baseless.
An uprising is only possible if there is injustice, he pointed out. Neither
will there be a backlash of sympathy votes for Estrada in the event of his
arrest, Guingona added.
Remulla
At a press conference at the Club Filipino in Greenhills, Remulla said the
former president would step up his legal crusade against the elite, whom he
accused of ganging up on Estrada.
"The president has lost the political fight, but not the legal fight,"
Remulla said. "He has lost to the power of the military, the rich and the
influential Catholic Church,” he added. 4/18/01, Manila Times
‘DACER SLAY CASE SOLVED’
Inquirer News Service, April 18, 2001
THE DACER-CORBITO murders have been solved.
Ten suspects, including an officer of the Presidential Anti-Organized Crime
Task Force (PAOCTF), who may turn state witness, will be presented to the
media today at Camp Crame.
This was revealed to the INQUIRER by Chief Supt. Nestorio Gualberto, chief of
the Philippine National Police Criminal Investigation and Detection Group
(CIDG). He said the CIDG has identified the plotters and the killers of
Salvador "Bubby" Dacer and his driver, Manuel Corbito.
"We can say that the Dacer-Corbito murder case is solved. We are prepared to
turn over the suspects and the documentary evidence to the state prosecutors
for their recommendation on filing of the charges against the conspirators
and those involved in the killings," Gualberto told the INQUIRER.
"But the investigation continues until we are in a position to reveal the
mastermind."
"We have the complete picture as to what happened from the surveillance and
abduction to the killing. Who ordered the killing will be made public soon"
Gualberto said. Gualberto refused to reveal the identity of the suspect who
is set to turn state witness pending the filing of charges against the
conspirators.
"We have to be very careful because two of the suspects are believed to have
been killed already," Gualberto said.
Gualberto and PNP chief Director General Leandro Mendoza are scheduled to
meet at 7 a.m. today at the Edsa Plaza Hotel with Justice Secretary Hernando
Perez, National Bureau of Investigation Director Reynaldo Wycoco and Chief
State Prosecutor Jovencito Zuño to discuss the case.
They will reportedly proceed to the abduction scene at corner Zobel Roxas
Street and the South Superhighway in Makati from where Dacer and his driver
were allegedly brought to Indang, Cavite, where they were killed.
Reenactments of the abduction and the murders are scheduled to be conducted.
Mendoza said, "We expect to wrap up the resolution of the case within the
week as we have already a complete cast of characters who played the role in
the conspiracy to kill Dacer."
Gualberto said that based on the affidavits of the suspects Dacer was
abducted on Nov. 24 at 10 a.m. and was killed at around 8 p.m. the same day.
A team of forensic experts led by Dr. Raquel Fortun and hired by the Dacer
family declared last week that the remains found by a creekside in Indang
belonged to Dacer and Corbito.
The NBI had arrested two farmers from Cavite who said PAOCTF members
abducted and killed Dacer and Corbito.
Memorial service
The Dacer family will hold a memorial service on Saturday at the Santuario
de San Antonio, Forbes Park in Makati at around 1 p.m. After a concelebrated
Mass, the family will pay tribute to their patriarch.
Tomorrow, the Senate is set to hold a public hearing on the Dacer case to be
conducted by the Senate committee on justice and human rights chaired by
Senate Minority Leader Renato Cayetano.
Early this year, Cayetano filed a resolution seeking to conduct an inquiry
on the disappearance of Dacer and his driver.
Lacson tagged
The suspect, who may turn state witness, is now undergoing tactical
interrogation, said a police officer who did not want to be named.
According to this INQUIRER source, the suspect testified that the
surveillance of Dacer began in 1999 at the height of the word war between
former PNP Chief, Panfilo Lacson and his predecessor Roberto Lastimoso Jr.
Lacson was reportedly approached by the slain PR practitioner and asked for
P20 million to do the hatchet job on Lastimoso.
Lacson declined Dacer's offer. Dacer allegedly turned to Lastimoso who hired
him for P3 million, according to the suspect. The word war between the two
police officials heated up after Lacson accused Lastimoso of coddling drug
syndicates. Lastimoso resigned as PNP chief and Lacson took over the post.
"It would be impossible for the PNP not to include Lacson in the murder
charges. He was in the know. But he did not lift a finger even if the agents
of the PAOCTF were already implicated. He did not aggressively investigate
Dacer's murder because it would point to him in the end," the source told the
INQUIRER.
According to Mendoza, Chief Supt. Teofilo Viña denied participation in the
killing but admitted it was seven of his men and other PAOCTF civilian agents
who carried out the murders. Viña allegedly led the police to the suspects
now under the custody of the CIDG.
According to Gualberto, three PAOCTF vehicles without plate numbers, a white
Revo, a gray Adventure and a Nissan van, were dispatched on Nov. 24 to be
used in the killing.
The Adventure with plate number WHJ-309 fell into a ravine on its way to
Baguio City last February. The vehicle was found to be filled with Lacson
posters, stickers and streamers.
The Revo with plate number SFU-498 was later traced in Cebu. The van remains
missing, he said.
ESTRADA ARREST TO HAVE ‘minimal effect’ ON ECONOMY: GLORIA
April 17, 2001
By INQ7.net
PRESIDENT Gloria Macapagal-Arroyo said that the imminent arrest of deposed
president Joseph Estrada would have a "minimal effect" on the economy.
Ms Macapagal said in a press conference today that, "the economic effect will
be worse if we will not pursue justice."
She also said that Malacañang was "not bothered" by threats made by
supporters of the former president of their own version of People Power II
should their idol be arrested in line with the plunder charges filed against
him.
Asked about her message to Estrada in light of the latter’s upcoming 64th
birthday, the President said: "I hope he finds peace in his heart."
OMBUDSMAN ANTICIPATING ‘DILATORY TACTICS’ BY ESTRADA CAMP
Posted: 3:29 PM | April 17, 2001
By INQ7.net, with AFP
THE OMBUDMAN’S move to drop the five out of eight graft charges it filed
against former president Joseph Estrada is a strategic move to avoid
"dilatory tactics" by the Estrada camp.
Ombudsman Aniano Desierto said that government prosecutors had "become very
apprehensive that technical issues involving duplication of proceedings"
would be exploited by Estrada lawyers to delay matters.
The legal maneuverings by the Estrada camp could even reach the Supreme Court
and delay the whole process, he said.
"We will concentrate on plunder which is the crux of the whole case,"
Desierto said in a news conference after he filed a motion with a special
anti-graft court withdrawing five of the lesser charges.
The Ombudsman stressed that they want to concentrate their efforts on the
more serious plunder charge against the fallen leader. Plunder, or large-
scale corruption, is punishable by death and does not allow bail. Estrada
posted bail bonds for the seven other charges on Monday and faces a May 17
arraignment.
Under the plunder charge, Estrada is accused of abusing his position to
illegally amass more than four billion pesos (80 million dollars).
But despite the paring of the charges, Desierto asserted that there were
"more than adequate factual and legal bases" for the charges and that the
prosecution could win a conviction.
The move was only temporary and the five charges could still be re-filed at
a later date, he added.
Estrada still faces charges in the Sandiganbayan anti-graft court of plunder
falsification of documents by illegally using an alias and perjury through
misdeclaration of his assets. The graft charge for which Estrada was issued
an arrest warrant on Monday was among the charges that were dropped.
Chief state prosecutor Jovencito Zuño agreed with Desierto's move, saying:
"I am for the idea that we concentrate on the plunder case." In the latest
plunder complaint, Estrada is jointly accused with his spiritual adviser
Mariano "Mike" Velarde of colluding to have the government acquire a
property for 1.2 billion pesos, even though it had been purchased just
months earlier for 325 million pesos.
Six other plunder cases against the ex-president were being studied
including one where he allegedly sold real estate to the government at an
inflated price, said Deputy Ombudsman Margarito Gervacio. Four of the six
would be "ripe for resolution soon," he said.
SSS, GSIS LOSSES TRACED TO ESTRADA: The Social Security System (SSS) lost a
lot of money last year. Its net income plunged to minus P3 billion, partly
because of its bad investments in the stock market.
Its losses, along with the six across-the-board-increases in pension
benefits over the past 10 years without a corresponding adjustment in
members' contributions, endanger its ability to provide benefits to its
members.
So, if you're a factory worker or an employee in a private company and
looking forward to receiving a monthly pension from the SSS upon your
retirement, don't dream about it yet.
The SSS may no longer be able to pay retirement benefits to members within
the next seven or, at best, 14 years. This is contrary to previous
expectations that the SSS would have enough funds to last 25 to 50 years.
Blame this piece of bad news on the almost P6 billion that the SSS lost to
bad investments in corporations owned by cronies, or friends of cronies, of
ousted President Joseph Estrada from 1998 till the end of 2000.
If you're among the members of the SSS or the Government Service Insurance
System (GSIS), who have had difficulty getting loans from these
institutions, you would be interested to know that during Estrada's time
some people have fared much better than you.
They got millions, if not billions, from the SSS and the GSIS after only a
few days or weeks or at most, a few months, of waiting.
These lucky Filipinos include Estrada himself, his cronies and friends, and
friends of these cronies.
Among the lucky corporations during Estrada's time were Belle Corp. and
Waterfront Philippines, according to a source in the SSS.
Belle Corp., controlled by Estrada crony Jaime Dichaves, is the developer
of Tagaytay Highlands where the former President has allegedly three
mansions. Waterfront belongs to "plastics king" William Gatchalian, another
Estrada friend, who owns Air Philippines and the Waterfront hotels in Cebu
and Davao cities.
The source said the SSS bought P1 billion worth of Waterfront shares and
even lent the corporation close to P700 million.
It helped Estrada and these cronies that the chair and president of the SSS
in the previous administration was Carlos "Chuckie" A. Arellano, the former
President's childhood friend and neighbor in San Juan, Metro Manila, and
schoolmate at the Ateneo.
Arellano resigned in January after Gloria Macapagal-Arroyo assumed the
presidency. Vitaliano Nanagas II, an investment banker with extensive
management experience, replaced him.
In an affidavit submitted to the Department of Justice, Willy Ocier, a
cousin of Dichaves, said that Estrada made a lot of money from the sale of
Belle shares. Ocier is vice chair of Belle Corp. and former president and
chief operating officer of Eastern Securities Development Corp., a stock
brokerage firm.
Estrada held a huge block of Belle shares--250 million--that were sold to
the SSS at P3.14 per share, or P784 million for the lot, according to the
source. When these shares were given to Estrada, they cost only P2 per share
the source said.
How did Estrada come to own so many shares of Belle Corp.?
Estrada received these shares from Ocier himself, according to the source.
They were supposed to serve as compensation for the money that Estrada lost
when the price of the stocks of yet another controversial company, BW
Resources, plummeted.
Another crony, Dante Tan, has been accused of manipulating the movements of
BW stocks on the stock market to benefit himself and his friends. Estrada
was reportedly very angry about the vast sums that he and some of his
relatives lost on their BW stocks.
The source said some members of the so-called Black Samurai Club had helped
Ocier put together the Belle stocks for Estrada. The Black Samurai Club is
composed of stockbrokers who control large transactions on the Philippine
Stock Exchange.
In his affidavit, Ocier said Estrada earned P189.7 million in commission
from the sale of Belle shares to the SSS.
Translated into benefits for SSS members, Estrada's alleged commission
would have been enough to cover any of the following:
• Almost 80,000 pension-months (at a maximum P2,400 per month).
• Almost 8,000 salary loans (at the maximum P24,000 loanable amount).
• Almost 400 housing loans (at the maximum P500,000).
• Funeral benefits for approximately 10,000 members (at P20,000 per
beneficiary).
Ocier added that the GSIS was also made to buy Belle shares worth P1.102
billion. He said he was told that Estrada had ordered Arellano and former
GSIS president and general manager Federico C. Pascual to make the
purchases.
Why did Estrada pick the SSS and the GSIS?
In September 1999, the Asian financial crisis weakened the stock markets in
the region, including that in the Philippines. No foreign buyers were
interested in investing in the country.
Ocier and Dichaves agreed that only the SSS and the GSIS had enough funds
to buy Belle Corp. shares. Upon being informed of this by Dichaves, Estrada
promised to "take care of the matter." Inquirer, 04/16/2001
ESTRADA TO APPEAR BEFORE SANDIGAN TO POST BAIL TODAY
April 16, 2001
By AFP
OUSTED president Joseph Estrada would personally appear before the
Sandiganbayan to post bail for the initial charges of corruption and perjury
against him stemming from the misrepresenting his statement of assets of
liabilities and the funneling of excise tax kickbacks through several bank
accounts.
Estrada’s lawyer Jose Flaminiano said his client agreed to a "voluntary
surrender" and would present himself before the sala of Justice Narciso
Nario this afternoon to cooperate with Sandiganbayan authorities.
Several of Estrada’s lawyers, including Flaminiano, Cleofe Versoza and
Raymund Fortun, are already in the Sandiganbayan complex waiting for Estrada’s
arrival. They are set to post a P40,000 bail for Estrada’s momentary freedom.
Meanwhile, Justice Secretary Hernando Perez said he is hopeful the
Sandiganbayan would issue an arrest warrant for the non-bailable charge of
plunder against Estrada on Wednesday or Thursday. He said he would meet with
Estrada’s lawyers to assure a smooth and trouble-free turnover of the
defendant to the Sandiganbayan authorities when the arrest warrant would be
issued.
The plunder charges filed by the Ombudsman are currently under evaluation by
the Sandiganbayan’s 3rd Division, headed by Justice Anacleto Badoy.
CHRONOLOGY OF ESTRADA CORRUPTION SCANDAL
April 16, 2001
By INQ7.net
THE anti-graft Sandiganbayan court on Monday issued an arrest warrant for
former president Joseph Estrada on corruption charges. This was the
culmination of a lengthy impeachment process that started last year with the
stunning revelations of Illocos Sur Gov. Luis Singson that Estrada had
embezzled millions of pesos in tobacco excise taxes.
Here is a chronology of events leading to the indictment and arrest order
Monday for corruption-tainted Estrada:
Oct 9, 2000: Estrada's former friend, provincial governor Luis Singson
accuses the president of pocketing more than 12 million dollars in bribes
from illegal gambling syndicates and kickbacks from tobacco excise taxes.
Estrada denies the charges.
Oct 12: Vice President Gloria Macapagal-Arroyo, the constitutional successor
to Estrada, resigns from her cabinet post as social welfare secretary citing
a loss of confidence in his leadership.
Oct 18: Opposition legislators file an impeachment motion against Estrada in
the House of Representatives over the gambling payoffs scandal as thousands
of anti-Estrada activists call for the president to quit.
Oct 25: Macapagal-Arroyo forms a united opposition against the embattled
president.
Nov 8: Estrada admits four million dollars in intended bribes were deposited
into the account of a presidential charity organization controlled by his
lawyer.
Estrada says the money is intact and can be used as evidence to disprove
corruption charges against him.
Nov 13: Estrada is impeached by the House of Representatives for alleged
corruption, betrayal of public trust and violations of the constitution. The
case is elevated to the Senate for trial, which could result in his removal
from office.
Dec 1: President Estrada enters a "not guilty" plea to the corruption charges.
Dec 7: Senate begins corruption trial with prosecutors accusing Estrada of
being a thief who has run the Philippines like a gangland boss.
Dec 22: A senior bank officer testifies she was one foot away when Estrada
repeatedly signed a false name on a 10 million dollar trust account allegedly
built up through criminal activities.
Dec 30: Five bombs explode in Manila, killing 22 people and wounding almost
100 others. Government blames the Moro Islamic Liberation Front and says it
was not linked to the trial while opposition groups accuse of Estrada of
orchestrating the blasts to divert attention.
Jan 16: The 21 senators acting as judges in the trial decide in a 11-10 vote
to disallow examination of Estrada's alleged 66 million dollar secret bank
account allegedly built up from illicit sources. This is seen as a virtual
acquittal of Estrada.
Jan 17: Prosecutors in the trial quit en masse. Hundreds of thousands of
people take to the streets to protest the Senate decision and call for
Estrada to quit. Security forces are on full alert.
Jan 19: Estrada, trying desperately to buy time, authorizes his bank records
to be opened and urges a snap presidential election in May, but fails to
stop a wave of defections as cabinet members resign and the military
withdraw their support.
Jan 20: Estrada refuses to resign, Supreme Court declares the presidency
vacant, and vice-president Gloria Macapagal-Arroyo is installed as the new
president. Two and a half hours later, Estrada and his family leave the
presidential palace.
April 4: The state Ombudsman Aniano Desierto indicts Estrada for plunder and
seven other related charges of graft amounting to more than four billion
pesos and files charges before the Sandiganbayan. Plunder is punishable by
death.
April 10: The Supreme Court throws out last-ditch appeals by Estrada for
presidential immunity, clearing the way for his prosecution and arrest.
April 16: The Sandiganbayan hands down an arrest warrant for Estrada on the
lesser charge of perjury and diversion of public funds.
COURT ORDERS ESTRADA ARREST
April 16, 2001
By INQ7.net
THE SANDIGANBAYAN on Monday ordered the arrest of deposed president Joseph
Estrada for corruption and perjury, according to a court sheriff. Estrada's
lawyers immediately said they would post bail for him.
It was the first time a warrant of arrest had been issued on Estrada since
he was ousted in a popular uprising on January 21. The issuance of an arrest
warrant was in line with corruption and perjury charges against Estrada
which has been assigned to the Sandiganbayan's 4th Division chaired by
Justice Narciso Nario.
The court division which issued the arrest warrant had determined that there
was "probable cause" to put the fallen leader on trial for diverting 130
million pesos in tobacco excise taxes and for misrepresenting his assets in
official documents.
Lawyers of Estrada immediately reacted to the arrest warrant by saying that
they would post bail. Court sheriff Ed Urrieta said "the counsel of the ex-
president advised us that Erap (Estrada) will be coming to post bond anytime
now."
Court sources said Estrada needed to post a 150,000-peso (3,000-dollar) bond
to gain temporary liberty. He was indicted two weeks ago on eight charges of
corruption involving more than four billion pesos, all but one of which is
bailable.
Integrated Bar of the Philippines president Arthur Lim said that Estrada had
the right to post bail except for the charge of economic plunder, which is
a non-bailable offense.
Plunder, or large-scale corruption, is punishable by death.
Earlier, around 100 supporters of Estrada had barricaded two gates of the
posh North Greenhills subdivision in San Juan in attempt to protect their
disgraced hero from impending arrest.
Estrada supporters claimed the charges against the fallen leader were
unconstitutional. They said they still consider Estrada as the duly
constituted Philippine leader despite a unanimous Supreme Court ruling
affirming the legitimacy of President Gloria Macapagal-Arroyo.
"We will fight for Erap to the death," a supporter claimed in a television
interview. "We will stop the police from arresting him. He is innocent."
Meanwhile, North Greenhills residents have started to complain about the
barricades fronting the subdivision gates, which they said, have started to
become "eye-sores," a television report said. San Juan police, however
claimed they have not received instructions to disperse the picketers.
DEFEAT STARING DEFIANT ESTRADA IN THE FACE
April 16, 2001
Agence France Presse
JOSEPH ESTRADA, who was slapped Monday with a warrant of arrest for alleged
corruption, could end up being the first Philippine president to be thrown
in jail.
He is already the first-ever Filipino president to be criminally prosecuted
and, technically, arrested. Estrada, who will be celebrating his 64th
birthday in three days, has been charged with eight counts of corruption
involving more than 80 million dollars.
The charges under which the actor-turned-politician was ordered arrested
Monday involve offences that are bailable. He surrendered himself to the
authorities before they could hunt him down.
However one of the eight charges Estrada faces is plunder -- a non-bailable
offence punishable by death.
That is an unlikely end for Estrada as his successor, President Gloria
Macapagal-Arroyo, a devout Roman Catholic, has indicated she would commute
all death sentences to life imprisonment.
The scandal-tainted Estrada, who was deposed in a military-led popular
uprising which installed Ms Macapagal on January 20, has stressed that he is
innocent.
But he is beginning to lose his legal battles. His claim that he was
illegally removed from office has been thrown out by the Supreme Court
paving the way for his prosecution.
Despite the legal setback, Estrada seems defiant -- just like in his popular
movies, in which he was famed for staging dramatic comebacks.
One month after his removal from office, he said he could not even imagine
being arrested. "How could I... when I can't even imagine myself going to
jail?" he said.
Then two weeks ago, he challenged the authorities: "Go ahead, arrest me. My
head remains unbowed." The strong words however could not hide the
humiliation.
He has not only lost weight -- 25 pounds (11.4 kilograms) at last count - but
also the support he wielded when he stormed into power by an election
landslide in 1998.
On becoming president, Estrada had vowed to show up critics who said the
college drop-out, gambler, drinker and womanizer was not fit to be leader of
the predominantly Roman Catholic nation of 76 million people.
"This will be my last and greatest performance," he said of his presidency.
But when he was ousted in January, his six-year term in office was less than
half finished and his critics were gloating.
The eighth of 10 children of a Manila engineer, Joseph was the black sheep
of the upper-middle-class Ejercito family, dropping out of engineering school
and hanging out with unsavoury types.
He took up acting, to the horror of his conservative parents who forbade him
from using the family name. So he adapted the name Joseph Estrada and later
became popularly known by his nickname, "Erap."
Estrada won a clutch of acting awards and also acquired several mistresses --
most of them film co-stars -- along the way to the presidency, and he made
no secret of his love affairs and numerous families even after coming to
power.
He specialized in playing street toughs, squatters, labor leaders, gangsters
rebels, farmers -- always lower-class figures who spoke bad English but were
eloquent with their fists and usually overcame their upper-class tormentors.
These roles endeared him to the Filipino masses who elected him mayor, vice-
president and then president.
But on entering the presidential palace, Estrada ran into many troubles and
scandals, a run of misfortune that finally showed him the exit door.
OMBUDSMAN WITHDRAWS PERJURY CASE AGAINST ESTRADA
April 16, 2001
By INQ7.net
THE OFFICE of the Ombudsman withdrew its perjury charge against ousted
president Joseph Estrada due to insufficient evidence, a GMA Network news
report said.
According to the report, the Ombudsman is considering getting more evidence
on the perjury case. The Ombudsman, however, will continue to pursue the
remaining cases against Estrada including graft and plunder. Plunder is a
non-bailable offense punishable by death.
Following the filing of the case, the Sandiganbayan earlier issued a warrant
of arrest against the fallen leader. Estrada personally appeared at the anti
-graft court to post a P40,000 bail for both charges.
ERAP ARREST DELAY,OMBUDSMAN BLAMES SANDIGAN
Apr. 14 2001
Inquirer News Service
THE OMBUDSMAN has tossed back to the Sandiganbayan the blame for the delay
in the issuance of an arrest warrant for deposed President Joseph Estrada.
Ombudsman Aniano Desierto said he was surprised by the recent statement made
by Sandiganbayan presiding justice Francisco Garchitorena that the latter’s
court could not issue an arrest warrant for Estrada since the Ombudsman had
failed to submit the necessary evidence against the deposed chief executive.
On the contrary, Desierto said, his office turned over the evidence
consisting of 29 folders to the Sandiganbayan on the same day that it filed
11 complaints--eight of them implicating Estrada--with the anti-graft court.
Desierto said that what the Sandiganbayan justices need are additional sets
of the documentary evidence, a fact his office only learned from the
newspapers.
He said his agency had not been ordered by the Sandiganbayan or any other
court to provide more sets of evidence in addition to the one set it
submitted. "As of the close of business hours last Wednesday, my office had
not received any order of the kind," he said.
Pelagio Apostol, director of the Ombudsman Evaluation and Preliminary
Investigation Bureau, confirmed that the Ombudsman had submitted the evidence
to back the 11 complaints.
"The INQUIRER even noted that it took two men to carry the voluminous
documentary evidence," he said in a statement.
Apostol, a veteran Ombudsman prosecutor at the Sandiganbayan, said he
personally supervised the reproduction of a "complete set of evidence"
consisting of affidavits of witnesses, bank and other documents, and
transcripts of the Senate impeachment proceedings.
Garchitorena had said the additional sets of evidence, to be distributed to
the court’s five divisions, would help in determining if there is probable
cause to arrest Estrada, his son Mayor Jinggoy Estrada, and former First
Lady Dr. Loi Ejercito, among others, for alleged crimes committed during the
previous administration.
"Based on the evidence we submitted, we believe there is sufficient proof to
determine that the respondents committed the crimes imputed to them. Thus the
court should not doubt the necessity of immediately issuing warrants of
arrest," Garchitorena said.
Apostol said the Office of the Ombudsman submitted only one set of documents
since, he said, this was established practice.
He said it was also "done in anticipation of the consolidation of the
intimately related charges under one division." Despite the practice,
Desierto said he would deliver more sets of the evidence if the court wished.
"If the Sandiganbayan decided against consolidation but allowed instead the
11 related charges to be distributed among the five divisions, which may
necessitate the submission of four more sets of evidence, then my office
would be more than willing to provide the same," Desierto said.
"Despite the Lenten break, I ordered some of my staff to produce the
additional sets of evidence, ready for submission to the Sandiganbayan as
soon as we receive the order," he said.
ESTRADA FOLLOWERS SAY THEY WILL PROTECT THEIR IDOL FROM ARREST
April 12, 2001
By INQ7.net with AFP
SUPPORTERS of former president Joseph Estrada warned that they would
barricade all roads leading to the fallen leader’s home in Polk Street in
Greenhills, San Juan, to prevent police from arresting Estrada.
Oliver Lozano, who leads a pro-Estrada group, claimed he could marshal more
than a million people to protect the former president.
"Hundreds of them have started to gather (near Estrada's residence) to
uphold the supremacy of the constitution leading to the non-arrest of
president Estrada," Lozano said in a television interview last night.
Meanwhile, Justice Anacleto Badoy, head of the Sandiganbayan division that
will take up the plunder charge against Estrada, said he could not order
Estrada's arrest because he has yet to determine whether there was probable
cause.
He said he would rule in 10 days after Desierto shall have submitted
additional documents, including Estrada's counter-affidavit.
ESTRADA DENOUNCES DOUBLE STANDARD
Apr. 11 2001
Inquirer News Service
(SAN CARLOS CITY) Joseph Estrada yesterday said he was leaving to his lawyers
any legal move that would prevent his arrest and prosecution for plunder and
other charges.
Upon learning that the Supreme Court had dismissed his second appeal on the
issue of his presidency and immunity, Estrada flew back to Manila after
leading a rally of the Laban ng Demokratikong Pilipino-Puwersa ng Masa
senatorial candidates yesterday at noon.
He was supposed to meet with his lawyers later in the day.
"Well, you see, I can only say that I will leave it all to my lawyers to
determine (our next move). Because I’m not a lawyer myself," he said.
Estrada brushed off the possibility of his imminent arrest.
"It seems they are hurrying my case, while the Centennial (Expo scam) and
the (PEA-)Amari (land scam) cases have been pending for almost two years
(and) have not been taken up yet," he said, adding: "How come they are in a
hurry to dispose (of my) case immediately? There’s something double standard
of a justice in this country (sic)."
He reiterated that he was leaving his fate to his loyal followers, but
pointed out that any call for a "People Power III" would "never" come from
him.
At around 4 p.m. yesterday, the Fortun Narvasa and Salazar Law Office
submitted the joint counter-affidavit of Estrada and his son Jinggoy in
connection with Criminal Case No. 26558, which had been raffled to the
Sandiganbayan’s third division.
The case involves the non-bailable charge of plunder that will be heard by
the division chaired by Associate Justice Anacleto Badoy, with Associate
Justices Teresita Leonardo de Castro and Ricardo Ilarde as members.
Earlier in the day, Estrada lawyer Raymund Fortun said he accepted the
decision of the Supreme Court junking his client’s petition that the tribunal
stop the Sandigan from hearing the complaints.
With the high court’s decision rendering moot Estrada’s earlier motion for
the Sandigan to defer proceedings, his defense team proceeded to the next
step of seeking the outright dismissal of the plunder charge for "lack of
factual basis."
Asked if he, like some of his allies, would also call for an uprising
similar to the one that led to his ouster in January, Estrada said: "They
will never get it from me. I’ve been stopping them. There are so many calls.
So many came to me, many secretly . . . I told them to stop. I told them that
we will exhaust all legal remedies as much as possible."
He said his lawyers had informed him that the Sandigan would spend time to
determine probable cause for the plunder charges before it issues any arrest
warrant.
'Unperturbed'
Estrada’s wife, LDP-PnM senatorial candidate Luisa Ejercito, who is also
charged with plunder, continued to appear unperturbed about her own arrest.
"Why would they arrest me? How can they arrest me where there’s no proof
(against me)?" she told the INQUIRER in Taglish. "I am willing to go to jail
but they accused me of something for which there is no proof, no evidence."
It became apparent that Ejercito believed she was charged before the
Sandigan for allegedly diverting funds of the Philippine Charity Sweepstakes
Office. A Senate investigation had earlier cleared her and her son Jinggoy
on this case.
"They are reviving the PCSO (scam). But that’s finished. Actually, I’ve been
asking what my case is. I haven’t read the documents," she said.
Ejercito, her husband and their eldest son Jinggoy are charged with
pocketing a sizeable portion of the P130-million tobacco tax funds for
Ilocos Sur.
In the meantime, Ejercito said, she had no plans of stopping her senatorial
campaign.
"I leave that to the lawyers," she said when told of the Supreme Court’s
latest ruling.
STAGE SET FOR ARREST AND TRIAL OF ESTRADA: The stage is set for the arrest
and criminal trial of Joseph Estrada. Voting 13-0 for the third time
yesterday, the Supreme Court threw out Estrada's second motion for
reconsideration reiterating his claim to the presidency.
Such a motion is prohibited under the law, the tribunal noted. And apparently
having enough of the legal maneuvers of Estrada and his lawyers, it said in
a resolution that "no further pleadings will be entertained" on the
presidency issue following an en banc session that lasted less than two
hours.
Also for the third time, Chief Justice Hilario Davide Jr. and Associate
Justice Artemio Panganiban did not take part in the deliberations. Estrada
lawyer Rene Saguisag had earlier asked them to inhibit themselves from the
case.
But Davide and Panganiban joined their colleagues in the subsequent 15-0
vote dismissing the request of Estrada's lawyers to bar the Sandiganbayan
from proceeding with his trial on criminal cases, including the
non-bailable charge of plunder that was raffled off among its five divisions
last week.
In a phone interview, Ombudsman Aniano Desierto said the high court's ruling
had "cleared the way for an expeditious conduct of proceedings before the
Sandiganbayan."
Desierto said it in fact gave the anti-graft court the go-signal to
immediately determine if there was probable cause for the issuance of
warrants of arrest for Estrada and his co-accused in the 11 complaints—eight
implicating the ex-president—filed by the Ombudsman on April 4.
He also said the special prosecution panel was all set for the legal battle
against Estrada's lawyers even if it had yet to be furnished a copy of the
tribunal's resolution.
In Rosales, Pangasinan, People Power Coalition (PPC) senatorial candidate
Joker Arroyo, who led the prosecution team at Estrada's aborted impeachment
trial, said "the ball is now in the Sandiganbayan."
"This is for real," Arroyo said, and reiterated his earlier call for Estrada
to quit campaigning for the candidates of the Laban ng Demokratikong Pilipino-
Puwersa ng Masa (LDP-PnM) and instead "talk to his lawyers."
Arroyo said Estrada "cannot manipulate" the Sandigan trial in the supposed
way he was able to maneuver 11 senator-judges into voting against suppressing
evidence against him at his impeachment trial.
Wigberto Tanada, another PPC senatorial candidate, said he was not surprised
at the tribunal's latest ruling that dealt with what he described as a mere
"pro forma" move by Estrada's lawyers.
Also in Rosales, former President Fidel Ramos said "the courts must now take
over without any delay, without any further litigation or legal maneuvering."
Inquirer, 04/11/2001
SUPREME COURT SLAMS DOOR ON ESTRADA'S PLEA OF IMMUNITY
April 10, 2001
By AFP, Inquirer News Service
IN addition to its junking of former president Joseph Estrada’s second
motion for consideration to reverse a decision upholding his ouster from
office, Supreme Court Tuesday threw out deposed leader’s last-ditch bid for
presidential immunity, court sources said.
The ruling removes legal barriers for the Sandiganbayan graft court to issue
a warrant for Estrada's arrest if it determines there is probable cause for
him to stand trial for plunder, court sources said.
But Sandiganbayan president justice Francis Garchitorena on Tuesday ruled out
an immediate arrest warrant against Estrada, saying members of the special
court were still reviewing the corruption charges against him.
Estrada was ousted by a military-backed popular revolt in January and was
indicted last week on eight charges of plunder and seven related cases.
Plunder is punishable by death.
Court sources said the justices voted unanimously to deny Estrada's second
motion for reconsideration, having earlier rejected his argument that he was
illegally removed from office and thus retained presidential immunity.
The court meanwhile dismissed his petition to stop the Sandiganbayan from
trying the cases against him, saying the legal action should be addressed to
the Sandiganbayan instead.
"It's before the Sandiganbayan, leave the Sandiganbayan to take action"
said Supreme Court clerk Luzviminda Puno.
"It's pretty much expected," Estrada lawyer Raymond Fortun said of the first
ruling. He also welcomed the court's decision to throw the second issue to
the Sandiganbayan. "I presume the decision on the restraining order isn't
final. There are still remedies available to Mr. Estrada," he told AFP.
Fortun said Estrada insists the charges against him are illegal because
state prosecutors had failed to follow the proper procedure and failed to
inform him of the criminal information against him.
"These are very clear violations of due process and of the right of the
accused," he said.
LAWYERS BUYING TIME FOR ESTRADA
Apr. 09 2001
Inquirer News Service
JOSEPH Estrada’s lawyers are buying time for him to remain a free man.
One of them, Raymond Parsifal Fortun, yesterday said the defense would file
these two motions today before the Sandiganbayan:
• One asking that action be deferred on the plunder and graft charges filed
by Ombudsman Aniano Desierto last week, pending a Supreme Court ruling on
Estrada’s petition for certiorari and mandamus questioning the filing of
the cases.
• Another seeking the judicial determination of the existence of probable
cause, in case the anti-graft court decides not to throw back the cases to
the Ombudsman.
A prayer to dismiss the charges for lack of merit will be part of this
motion.
Fortun said a third motion, to "question the constitutionality of the law on
plunder," would likely be filed before the high court after the Holy Week.
Ironically, then Senator Estrada was one of the legislators who voted for
the passage of the Anti-Plunder Act.
Fortun said the defense had initially planned to also file a motion for
reinvestigation, which basically asks the Sandigan to return the cases to
the Office of the Ombudsman. But it was decided not to pursue this tack in
the meantime, he said.
Desierto said the decision of Estrada’s lawyers to question the filing of
plunder and other criminal charges against their client was part of their
legal strategy to delay the proceedings.
He said in a phone interview that the anti-graft court should not entertain
"dilatory tactics" by Estrada, which, he said, were aimed at keeping the
disgraced leader out of jail.
But he said his office had long expected these moves from Estrada's camp.
"That's why I immediately filed the cases in court—so as not to delay his
trial. With the Sandiganbayan taking cognizance of the cases, I don't think
he can further delay the proceedings," Desierto said.
But Fortun, who was also part of Estrada’s defense team at his aborted
impeachment trial, maintained that these moves were "not dilatory tactics
but pretty standard, basic motions."
"Any litigation lawyer will tell you that," Fortun said at a press conference
he called in San Juan. "We merely want to exhaust all legal remedies to
ensure that Mr. Estrada will be given a chance to present his defense."
The Supreme Court will hold an en banc session today to discuss the second
motion for reconsideration filed by Estrada lawyer Rene Saguisag questioning
the tribunal’s second 13-0 ruling upholding Gloria Macapagal-Arroyo’s
presidency.
It will also take up Estrada’s petition for a temporary restraining order to
prevent the Office of the Ombudsman from proceeding with its investigation
on his criminal cases.
This will be the tribunal’s first en banc meeting following its annual
session in Baguio City.
5-day period
The defense is mainly questioning the alleged failure of the Ombudsman to
grant the mandatory five-day period for Estrada to answer the charges before
these were elevated to the Sandigan.
Fortun said Estrada was able to receive at his San Juan residence "a copy of
one of the informations filed against him" in relation to the "Jose Velarde"
bank account "only last Friday, two days after the filing."
The lawyer said a scenario like this—"wherein a person is already charged
without having a complaint served upon him"—happened "29 years ago"—a
reference to Ferdinand Marcos’ declaration of martial law in 1972.
Estrada’s lawyers are apparently giving special attention to the plunder
charge because it is the only non-bailable charge leveled at him
On the plan to question the law on plunder, Fortun said: "What is plunder
really? If you take a look at the law itself, (you will see that plunder)
refers to the commission of a combination of a series of acts or schemes.
My understanding also of the Senate and (House) deliberations prior to the
passage of this law is that it should involve public funds, not private
funds."
Fortun noted that the plunder case against Estrada involved the following
allegations: the P545-million "jueteng" bribe money from gambling lords; the
P130 million from tobacco excise taxes; the P189-million commission from the
purchase of Belle Corp. stocks using government pension funds; and the P3.2
billion Jose Velarde account at Equitable PCI Bank.
"As you can see, the only moneys which we can rightfully (classify) as
public funds are the excise tax. And I think that would become very material
because plunder pertains to a combination or a series of acts," Fortun said
adding:
"(But) according to (whistle blower Ilocos Sur Gov. Luis) Chavit Singson
there was only one transaction (the handing of the money to Estrada). So if
there’s only one transaction, it could be a matter of a violation of the
Anti-Graft and Corrupt Practices Act, and not a case of plunder."
Plunder, which Philippine law defines as the purposeful malversation of
government funds amounting to P50 million and above, is considered a heinous
crime and is punishable by death.
‘Face the music’
Desierto reiterated his call for Estrada to "face the music" and formally
answer the charges in court. "If Estrada is really innocent, as he claims
to be, then by all means, he should clear his name by immediately submitting
to the jurisdiction of the Sandiganbayan," Desierto said.
The Ombudsman said that Estrada's move to question the law on plunder was
part of his last-ditch efforts to be allowed to post bail, and that the high
court would not entertain such a petition.
"The law is presumed to be constitutional until declared otherwise by the
Supreme Court with finality," he said. "(Enacting laws) is the prerogative
of the legislature. The high court will first defer to that authority under
the principle of separation of powers."
He said the high court would immediately dismiss the petition "unless it is
very obvious and well-supported by facts that the law is inconsistent with
or contradictory to the provisions of the Constitution."
He also expressed doubt that Estrada's lawyers could "come up with any legal
argument to support any petition to question the plunder law." Contrary to
Estrada's claims, Desierto said, the ex-president was given ample time to
rebut the charges filed against him before the Office of the Ombudsman by
cause-oriented groups and the Department of Justice.
"In the first place, he was formally informed of the charges as early as
Jan. 23, when he was subpoenaed to answer the accusations. So the claim that
he was ignorant of the charges is baseless," Desierto said.
According to Desierto, the Office of the Ombudsman twice gave extensions to
Estrada to answer the charges, "but he did not."
‘Crucifixion’
On top of the legal discourse, Fortun turned spiritual and attempted to
compare Estrada’s plight to a "crucifixion." Reading from a prepared
statement, Fortun said: "Two thousand years ago, (Jesus Christ) was falsely
accused, deprived of his right to defend himself, thrown to the mob and put
to death. Since then, civil society has set rules to ensure that no person
will again suffer for a crime he did not commit and for which he has been
falsely charged.
"I cannot claim any similarity between Our Lord and my client. What I decry
is the recurring thirst for blood in this new kind of crucifixion." The
response from the militant Bagong Alyansang Makabayan was angry and
immediate.
"How much lower and blasphemous can Estrada and his cabal go just to escape
arrest and whitewash their terrible crimes?" said Bayan chair Rafael Mariano
in a statement.
"An unapologetic adulterer and an ousted president who was deposed because
of corruption is like Christ? Definitely not. Christ did not sleep with
several women, did not steal from public coffers, did not hide any loot
under (aliases), and did not build lavish mansions using plundered funds,"
Mariano said.
ESTRADA FEARS ARREST AFTER IMMUNITY PLEA THROWN OUT
April 10, 2001
Agence France Presse
OUSTED leader Joseph Estrada fears being thrown in jail after the Supreme
Court rejected his last-ditch bid for presidential immunity, one of his
lawyers said today.
The court also rejected a second Estrada plea to stop a lower court from
hearing corruption charges against him.
The two rulings removed legal barriers for the Sandiganbayan graft court to
issue a warrant for Estrada's arrest if it determines there is probable
cause for him to stand trial for plunder, court sources said.
Estrada was ousted by a military-backed popular revolt in January and was
indicted last week on the charge of plunder and seven related cases.
Plundering the state is non-bailable and punishable by death.
"What would be a matter of concern for us is the plunder case," Estrada
lawyer Raymond Fortun said in a television interview. His arrest "is really
a possibility because the determination of the existence of probable cause
is really dependent upon the discretion of each and every justice of the
Sandiganbayan," he said.
Sandiganbayan presiding judge Francis Garchitorena today ruled out an
immediate arrest warrant against Estrada, saying members of the special court
were still reviewing the corruption charges against him.
He did not say when the court would decide. The judiciary and the rest of
the government shuts down Thursday for the Easter holidays.
Prosecutors have charged Estrada with amassing 3.2 billion pesos (64.7
million dollars) in assets by taking bribes from gambling bosses embezzling
state funds and taking kickbacks from stock transactions using state-run
pension funds.
But Fortun asserted that "plunder does not exist in this particular instance"
because his client was separately charged on four of the cases that
comprised the evidence for plunder against him. "That would in effect be
some sort of legal duplicity," Fortun said.
The Supreme Court threw out Estrada's argument that he was illegally removed
from office and thus retained presidential immunity, court clerk Luzviminda
Puno said in a statement.
"No further pleadings will be entertained," she quoted the ruling as saying.
The judges also ruled that Estrada should appeal directly to the Sandigan-
bayan, rather than the Supreme Court, to stop the graft trial.
Estrada formally asked the Sandiganbayan on Tuesday to defer the trial, and
urged the court to conduct separate hearings on the quality of the evidence
against him before ordering his arrest.
Fortun told AFP the Supreme Court rulings were "pretty much expected," but
that his client would exhaust all legal remedies. Estrada has hired a team
of five prominent lawyers to defend him.
Supreme Court to hold special session on Estrada appeal
April 09, 2001
By AFP, Inquirer
THE SUPREME Court will convene a special session tomorrow to examine an
appeal by ousted president Joseph Estrada seeking to reverse a decision
upholding his ouster, officials said today.
If the majority of the 15 justices agree to entertain his appeal, it would
temporarily put on hold proceedings underway at the country's anti-graft
court, where Estrada has been officially charged with plunder and corruption
involving more than four billion pesos (80 million dollars).
But if the justices junk his plea, the anti-graft court or Sandiganbayan
could go ahead and issue an arrest warrant, which judicial sources said
could be handed down on Tuesday or by next week after the Easter holidays.
The high court earlier upheld the legality of Estrada's ouster by a military-
backed popular revolt in January and stripped him of presidential immunity
from arrest.
Voting unanimously, the court last week junked a motion by his lawyers
asking the court to reverse its decision.
But undeterred, the lawyers on Friday filed another motion for
reconsideration and asked the high court to issue an order blocking his
landmark corruption trial at the Sandiganbayan.
Estrada's lawyers contend the former movie action star was never granted
due process and has not been given the chance to refute the allegations
against him.
ESTRADA ASKS SUPREME COURT TO NULLIFY CHARGES FILED BY DESIERTO: Deposed
President Joseph Estrada asked the Supreme Court yesterday to stop the
Sandiganbayan from hearing a plunder case and one graft suit "hastily
filed" against him by the Office of the Ombudsman.
In filing the petition, Estrada's lawyers Pacifico Agabin and Cleofe
Verzola said the two cases should be declared "null and void" because their
client was denied due process.
In his 33-page motion, Estrada claimed he was not officially informed of
the charges and that the Ombudsman did not advise him to file his rebuttal
on the allegations.
Estrada faces arrest and detention on the plunder case, which is a capital
offense and theoretically punishable by death.
Under the law, the accused in a criminal case must be informed of the
nature of his alleged offense to be able to refute the charges.
"Estrada was not just deprived of the right to be heard, he was likewise
deprived of the right to be informed of the charges against him. He was not
given any chance at all to be heard when these information were filed," the
lawyers said.
They alleged that after Ombudsman Aniano Desierto received a copy of the SC
ruling on Estrada's petitions, he immediately filed the plunder case and
seven graft charges without furnishing the ousted president or his lawyers
a copy of the resolution of the Ombudsman panel that conducted the
preliminary investigation.
The Ombudsman charter provides that the accused, as a matter of right, has
five days within which to file a motion for reconsideration of the adverse
findings of anti-graft investigators.
Desierto argued, however, that the requirement has been amended, adding
that the charges could be filed without waiting for the five-day period to
elapse.
They alleged that Desierto maneuvered the filing of the cases to deny their
client a "sporting chance to defend himself before the Ombudsman in an
obvious attempt to incarcerate Estrada as cried for by the mobs."
Lawyer Raymund Fortun, also a legal counsel of Estrada, said they were
asking the SC to remand the cases to the Ombudsman for re-investigation of
the complaints.
Sandiganbayan Presiding Justice Francis Garchitorena acknowledged that
Estrada has the right to file a motion for reinvestigation, which could
delay the proceedings. Phil. Star, 04/07/2001
MACAPAGAL: "I NEVER OFFERED ESTRADA A DEAL".
Inquirer News Service, April 8, 2001
PRESIDENT Macapagal-Arroyo yesterday admitted that she had met Joseph
Estrada’s friend Manuel Zamora to talk about ways to resolve the
"Juetengate" crisis, but denied offering a deal allowing Estrada to avoid
criminal charges if he resigned.
"I never committed (to having all cases) dropped. That is a very inaccurate
story," the President said in a press briefing, reacting to Estrada’s claims
Friday that she had offered him such a deal before he was ousted from the
presidency.
Ms Macapagal said she had accepted an invitation of Zamora, the businessman-
brother of former Executive Secretary Ronaldo Zamora, to meet shortly after
Ilocos Sur Gov. Luis Singson accused Estrada of accepting jueteng bribes and
tax kickbacks.
"Let me say that . . . yes, (Manny) Zamora invited me to talk about it, but
that account of Estrada is totally inaccurate because I never offered
dropping any cases," she said.
She said the meeting took place before the full extent of his alleged
corruption was revealed, in the early days of the corruption scandal when
"all this plunder evidence was not yet there."
She said that during her conversation with Zamora, she asked him to tell
Estrada to answer accusations that he had enriched himself through his
office, and that, if the charges were true, he "should surrender (the stolen
wealth) to the Philippine government."
"And then as far as the charges are concerned, then let him face them after
all, he has very good lawyers," she said she told Zamora.
According to the President, the meeting took place around the time that
other groups were also holding talks with representatives of the Estrada
administration.
She recalled that the Inquirer even came out with a story at the time about
"failed talks" between former Trade Secretary Jose T. Pardo, representing
Estrada, and former Health Secretary Alfredo Bengzon and Msgr. Soc Villegas
representing former President Corazon Aquino.
Ms Macapagal said it was a time "when all of these parties were looking for
ways to end the political crisis in a way that would . . . minimize the
damage to our political and economic lives, and this is all in that context."
She said Estrada should concentrate on legal moves to defend himself before
the Sandiganbayan, where eight corruption cases have been filed against him.
"He should move on to defend himself before the Sandiganbayan," she said.
Tito doesn’t know
Vice President Teofisto Guingona said he knew nothing of any offers having
been made by the Macapagal administration, but added that even if they had
they would "not count because (those) would still be subject to a lot of
negotiations."
"I don’t know (about the meetings), but those were probably a series of
negotiations," Guingona told a press conference yesterday morning.
Senatorial candidate Franklin Drilon said it made no sense that Ms Macapagal
and later, Justice Secretary Hernando Perez, would have offered Estrada
deals.
"That doesn’t make sense to me. Why should that offer be made at all
considering the events (that forced him to leave Malacañang)?" asked Drilon
one of the 10 senators who became instant heroes when they voted to open a
vital document in Estrada’s aborted impeachment trial.
Drilon, a former justice secretary, said Estrada’s claims were "just part of
the legal maneuvers" of the opposition.
Estrada had said that Perez had offered him a deal allowing him to leave the
country if he resigned. The offer was made, Estrada said, 10 days after Ms
Macapagal was sworn into office.
The former President made the remark to show that the Macapagal
administration did not believe that he had actually resigned.
Joker: No death for Erap
Senatorial candidate Joker Arroyo, the "lion" of the prosecution panel in
Estrada’s aborted impeachment trial, wants the indicted former President to
have a fair, credible and impartial trial before the Sandiganbayan.
He said there should be no repeat of the trial.
"I would hope, demand and expect a fair, credible and impartial trial. He
should be given a trial that he did not give in the impeachment. We should
not have a repeat of the 11 senators banding together to bring about a
miscarriage of justice," Arroyo said in a People Power Coalition rally in
Calauag, Quezon on Friday.
He also does not want Estrada to be meted out the harshest penalty for
plunder cases, which is death. Plunder, which is an illegal accumulation of
wealth of more than P50 million, is a capital offense.
"I would hope that the verdict on Estrada, in any of the cases, if it is one
of conviction, would be short of the penalty of death," Arroyo said in a
telephone interview yesterday.
He explained that he never believed in imposing capital punishment on
convicts of heinous crimes.
Wishful thinking
Guingona downplayed warnings of civil unrest from the disgraced President’s
camp in the event of Estrada’s arrest.
"I think due process has been observed. (If not), what are his lawyers
doing? He has competent lawyers," he said.
Instead of destabilizing the Macapagal administration, Guingona said
Estrada’s arrest would "remind people of the issues and the lessons that we
fought for during People Power II."
Administration candidate Francis Pangilinan said it was mere "wishful
thinking" on the part of the opposition to warn of chaos should Estrada be
jailed.
"I don’t believe there will be chaos or uprising. I think the other side is
just trying to put fear in the minds of our people," agreed Rep. Wigberto
Tañada, another senatorial candidate.
Guingona said that the Sandiganbayan hearings should be televised "like the
impeachment trial."
"So we will hear again words like ‘immaterial’ or ‘irrelevant.’ I think it
should be televised because the advantages to be gained are better than the
disadvantages," he said.
"I wish I could be a participant. Any lawyer would love to participate in a
trial like this," Guingona added.
ERAP CASES COULD DRAG ON FOR YEARS
Apr. 06 2001
Inquirer News Service
BEFORE they can issue an arrest warrant on Joseph Estrada, the five divisions
of the Sandiganbayan have 10 days each to determine probable cause in the
criminal cases that have been assigned to them.
The issuance of the warrant "will depend on the justices’ appreciation" of
the evidence submitted by government prosecutors, said Justice Minita Chico
Nazaria, acting presiding officer of the anti-graft court.
Yesterday afternoon, the Sandigan raffled off to the five divisions the eight
criminal cases filed against Estrada, including the non-bailable charge of
plunder.
The plunder charge, also known as Case No. 26558, has been assigned to the
third division chaired by Justice Anacleto Badoy, with Lourdes de Castro and
Ricardo Ilarde, an Estrada appointee, as members.
The other accused in this case are San Juan Mayor Jinggoy Estrada, Charlie
"Atong" Ang, Edward Serapio, Yolanda Ricaforte, Alma Alfaro, Eleuterio Tan
and Delia Rajas.
The third division also received Case No. 26563 accusing Estrada, Jinggoy
Serapio and Ricaforte of violating a provision in RA 6719 against the
solicitation or acceptance of gifts.
Estrada’s lawyers are gearing for a protracted legal battle with their move
asking the Supreme Court to stop the Sandigan from hearing the cases lodged
against him.
"What we are asking for is the stopping or the holding in abeyance of the
proceedings before the Sandiganbayan, for (the court) to remand the cases
back to the Office of the Ombudsman and to direct (it) to continue with the
preliminary investigation of the complaints filed by a number of complainants"
said lawyer Raymond Fortun.
Asked how long the process would take, Fortun said in Filipino: "I see this
case dragging on for years. This is going to be a long process."
Even Ombudsman Aniano Desierto foresaw a long and tedious legal battle,
saying in a TV interview yesterday that Estrada’s defense team would try
every trick in the law books to delay, if not stop, the proceedings at the
Sandigan.
But he pointed out that an expeditious resolution of the cases would still
be possible if the Sandigan and the Supreme Court refused to entertain the
supposed dilatory tactics.
Desierto said resolving the cases within a reasonable time would benefit
both the prosecution and defense.
"I think the defense will agree with the prosecution panel to speed up the
process if it wants to immediately erase the stain on the image of its
client," he said.
More than 10
Right after the raffle,Badoy said he might need more than 10 days to examine
the documents on the cases assigned to him. "The supporting documents will
be voluminous," he noted. "But we are mandated to study all of the evidence
before deciding on probable cause. While there is a need for transparency
and a speedy resolution of the cases, we also have to be careful about
studying the evidence."
He added: "All this should really take more than 10 days, but we will do our
best."
The first division chaired by presiding officer Francis Garchitorena
received two cases:
Case No. 26561, which accuses Estrada of violating the Anti-Graft and
Corrupt Practices Act, particularly of the provision against giving private
parties unwarranted benefits through "manifest partiality, evident bad faith
or gross inexcusable negligence."
The other accused in this case are former first lady Luisa Ejercito, Jinggoy
Estrada, Ang, Alfaro, Tan and Rajas. O No. 26566, which charges former
Presidential Legislative Liaison Officer Jose Jaime Policarpio with indirect
bribery.
Garchitorena was not able to face reporters yesterday as he was on official
leave. Justice Edilberto Sandoval, chair of the second division, received
Case No. 26562, which solely lists Estrada as a violator of the anti-graft
law.
The fourth division chaired by Justice Narciso Nario received Case No. 26559
charging Estrada, Ang, Alfaro, Tan and Rajas with the anti-graft law, as
well as Case No. 26564 accusing Estrada of perjury.
The fifth division headed by Nazaria received Case No. 26560 charging
Estrada with graft, and Case No. 26565 accusing him of illegal use of an
alias.
'Jueteng' flask
The Sandigan justices used a striped red-and-white plastic flask, the same
contraption that "jueteng" operators use to determine the day’s winning
numbers, in raffling off Estrada’s criminal cases.
Journalists covering the event quickly noted this but stifled their snickers
lest the justices be offended and cite them in contempt.
"It’s so ironic," murmured a wire reporter. "Jueteng pulled down Estrada
from power, and now its memory is still around to determine his fate." But
someone pointed out that the use of the plastic flask was not intended to
add insult to Estrada’s injuries.
The court has apparently been using the flask and five colored glass
marbles--the kind children use in street games--to raffle off criminal
suits against government officials to its five divisions. But the lottery
notwithstanding, Fortun said the Ombudsman had failed to inform Estrada of
two cases it had filed.
He said one involved the alleged P3.2-billion "Jose Velarde" account, and
the other, allegations made by former Securities and Exchange Commission
chair Perfecto Yasay on the purchase of Belle Corp. stocks.
This is a denial of due process, Fortun said.
On the matter of where Estrada would be jailed, Fortun said: "That’s up to
the court to decide, if he will be granted bail. We’ll be questioning the
plunder charge."
Dilatory tactics
Desierto listed some of the supposed dilatory tactics that Estrada’s lawyers
could resort to once the Sandigan started hearing the charges filed against
Estrada.
He said the special prosecution panel comprising himself, Justice Secretary
Hernando Perez and Solicitor General Simeon Marcelo were anticipating these
moves.
Desierto said Estrada’s lawyers could:
- Petition the Supreme Court to issue a status quo order on the cases citing
their pending second motion for reconsideration filed by Rene Saguisag on
Thursday.
- File another motion for reconsideration questioning the joint resolution
of the Ombudsman.
- Question the constitutionality of the plunder law (RA 7080), which treats
plunder as a capital offense and, thus, punishable by death.
- File a petition for the determination of probable cause.
At the extreme, Desierto said, Estrada’s lawyers might even file motions to
quash the information. "Actually, they can cite many grounds and put up
other legal obstacles to delay the proceedings. But I cannot reveal them so
as not to preempt their moves," he said, adding:
"If I reveal all the possible legal moves, I can be accused of coaching them
or maybe giving them ideas."
Live coverage
Members of multisectoral groups that mounted anti-Estrada protest actions in
Cebu want live coverage of his trial at the Sandigan. "I’m eager to hear
(Estrada’s) defense and justification on how he amassed the P4 billion worth
of money and property during his two and a half years as president," said
Paul Rodriguez of Bayan-Central Visayas.
"The awareness would serve as deterrence to all public officials and as
lesson for all Filipinos, especially if Erap is convicted," he added.
Lawyer Gabriel Ingles, spokesperson of Barug Sugbu, said: "Public interest
is still high. In the spirit of openness and transparency, the trial must be
open to the public."
ESTRADA CAN FILE PETITION TO POST BAIL – SANDIGANGBAYAN JUSTICE
April 06, 2001, INQ7.net with AFP
FORMER president Joseph Estrada and his co-accused may post bail in all but
one case -- that of plunder or massive corruption, said Sandiganbayan justice
Melita Nazario.
"That’s his right," Nazario said in a brief talk with reporters before the
anti-graft court raffled off the Estrada cases among its justices. The anti-
graft court today named the judges that will handle the corruption charges
filed against Estrada but they clarified that his arrest is not imminent.
They said the court still has to establish the merit of the case.
The plunder case, which is theoretically punishable by death, was drawn by
lottery to a division headed by justice Anacleto Badoy.
Badoy is reportedly on leave until next week when the Roman Catholic country
shuts down for the Lenten holidays. A source told Agence France-Presse the
presiding justices have yet to receive the documents submitted by the Office
of the Ombudsman, and will not be able to act on them this week because they
still have to study them to determine if there is "probable cause" for the
cases to go to trial.
Meanwhile, Estrada’s former executive secretary Ronaldo Zamora, said Estrada
was willing to be thrown in jail if convicted and would seek no special
concessions from President Macapagal-Arroyo.
A Supreme Court spokesman meanwhile warned that Estrada could face contempt
charges if he continued to accuse the court of giving in to pressure from
the Macapagal government.
HOUSE ARREST FOR ESTRADA PUSHED: Speaker Feliciano Belmonte Jr. proposed
yesterday that ousted President Joseph Estrada be put under house arrest
while the Sandiganbayan is trying him for plunder and corruption.
Belmonte told a news conference that there is now a raging debate not only
between the opposition and the administration but among many sectors of
society on what to do with Estrada once the Sandigan arraigns him and
starts hearing the cases filed against him by Ombudsman Aniano Desierto.
Belmonte headed the 11-member House panel that prosecuted Estrada in his
impeachment trial.
He said he does not believe the prediction of opposition senatorial
candidates that Estrada and his supporters will mount a revolt if the
disgraced president is arrested.
But he said his house arrest proposal "will have less political
complications."
"After all, he is a former president, and his impending arrest is not yet a
punishment and is intended principally to deprive him of the freedom to
flee and disappear from the scene," Belmonte said. He expressed the belief
that the cases Desierto filed against the ousted leader are strong.
Belmonte said he was elated by the fact that the private prosecutors who
helped his team, including human rights lawyer Romeo Capulong, are
assisting Desierto in prosecuting the plunder and corruption cases against
Estrada.
He laughed off the claim of the former president's lawyers that the cases
were hastily filed. Phil. Star, 05/06/2001
ESTRADA REVIEWS OPTION TO WARD OFF LOOMING ARREST
April 05, 2001
By Mynardo Macaraig, Agence France Presse
DISGRACED former president Joseph Estrada is reviewing his options to evade
arrest a day after he was indicted for corruption, lawyers and political
allies today said.
These options do not include fleeing the country, according to political
ally and former chief aide Ronaldo Zamora.
Estrada has hired more lawyers to handle the criminal charges stacked
against him, but would also ask the Supreme Court to overturn its final
ruling on Tuesday that he is no longer president and thus cannot invoke
immunity, his lawyer Rene Saguisag said.
State prosecutors on Wednesday filed plunder, graft, and related charges
against Estrada, his wife and a son along with a businessman friend, and
urged the judiciary to order his immediate arrest.
But a special anti-graft court that would handle the eight cases said no
such action would be taken until the judges are satisfied that prosecutors
have amassed enough evidence to merit sending the cases to trial.
The court's five divisions are to draw lots Friday to determine which
specific cases to handle, but no other timetable was given.
Saguisag said Estrada would engage the services of at least three of the
lawyers who represented him when he was put on trial in the Senate in
December after Congress impeached him for corruption.
Estrada escaped punishment then, but the inconclusive trial sparked a
bloodless popular revolt in January that ended his 30-month rule.
"There will be another meeting later today (among the Estrada lawyers) to
focus on the criminal cases," Saguisag said in a television interview.
Saguisag said he would handle the Supreme Court appeal.
Estrada and his wife Luisa Ejercito flew back to Manila late morning aboard
a chartered jet from a campaign sortie in Roxas City, an Agence France
Presse photographer saw. The former president has been going around the
country to help his wife and other allies win senatorial seats in the May
14 general elections.
Zamora said at least 35 planes which Estrada has either leased or borrowed
from friends had been put on a government watchlist to ensure the defendant
did not flee the country.
"Obviously he is not happy. He is quite saddened by what has happened in the
Supreme Court," Zamora said on the same station.
He urged Estrada to "accept the verdict and let us prepare for another
solution." Other Estrada allies warned of civil unrest and a political
backlash if their leader is arrested and thrown in jail. Supporters have
vowed to form a human chain around his home to keep the court sheriffs at
bay.
A political ally, Crispin Remulla, said he believed Estrada could be
arrested next week, when the Roman Catholic nation shuts down for Easter.
Justice Secretary Hernando Perez today said that President Gloria Macapagal-
Arroyo wanted "every opportunity to show the entire Philippine nation that
he was accorded due trial, (that) the trial was fair."
He added: "If you don't enforce the law, when are we going to enforce it?"
Interior Secretary Jose Lina minimized the threat of unrest, saying
"assuming they issue an arrest warrant, I think there will be no disorder."
The country's influential Roman Catholic bishops urged the court to order
Estrada's immediate arrest.
Estrada has dismissed the charges against him as "fabricated" and said he
would "exhaust all legal remedies."
ESTRADA CHARGED; NEXT STOP, PRISON
April 4, 2001
Inquirer News Service
JOSEPH Estrada was finally charged in court yesterday, with Ombudsman Aniano
Desierto accusing him of plunder and seven other criminal acts for allegedly
using his immense powers and influence to amass at least P4 billion during
his two-and-a-half-year presidency.
The charges "run the whole gamut of conceivable crime found in the statute
books having to do with the fight against the predatory evils of corruption,"
Desierto said.
Also charged with plunder before the Sandiganbayan were Estrada’s son, San
Juan Mayor Jinggoy Estrada, and six others — Charlie "Atong" Ang, Edward
Serapio, Yolanda Ricaforte, Alma Alfaro, Eleuterio Tan and Delia Rajas.
They allegedly connived with Estrada in pocketing "jueteng" protection money
and government funds, among others.
Desierto also indicted former first lady Luisa Ejercito in connection with
the P130-million tobacco excise taxes of Ilocos Sur province. She allegedly
pocketed P30 million; Jinggoy, P15 million; and Estrada, the rest of the
money.
Aside from plunder, Estrada is facing seven complaints for graft, perjury
bribery, malversation of public funds, and misrepresentation and
falsification of public documents.
Desierto filed the cases at around 3 p.m. yesterday, requiring at least two
assistants to carry the voluminous documents.
"Do not be misled by what you saw in the movies or in the impeachment trial,"
said Sandiganbayan Presiding Justice Francis Garchitorena, hinting of the
arduous legal process ahead.
It is now a supreme irony that the Sandiganbayan Centennial Building on
Commonwealth Avenue in Quezon City, which then President Estrada inaugurated
in July 1999, would now serve as venue for his plunder and graft trials.
A lobby marker bearing his name serves to commemorate the building’s
inauguration. The same building has seen many protest actions from groups
decrying the slowness with which the justices inside had deliberated other
historic, politically charged suits, such as the now 15-year-old Marcos
wealth case and the coconut levy case.
Garchitorena said all cases filed by the Ombudsman would be raffled off
tomorrow at 1:30 p.m. among the anti-graft court’s five divisions, which
are chaired by himself and Justices Edilberto Sandoval, Anacleto Badoy
Narciso Nario and Minita V. Chico-Navarro.
It is thus "mathematically possible" that each division will be handling an
Estrada case or that some of them will be handling more than one case, he
said.
Arrest warrants
Garchitorena said the Estrada cases would not get special treatment during
his watch, and refused to say when arrest warrants would be issued against
those charged.
But a court official who asked not to be identified said that if any warrant
was forthcoming, it would be issued after the Holy Week. Should the arrest
warrants be issued, Garchitorena ruled out the possibility of Estrada being
put under house arrest instead of being imprisoned.
"In other countries, you have a house arrest when a dictator takes over and
he confines the previous ruler. We don’t have that situation," he told
reporters.
Thus, he said, the former president would probably be detained at the Quezon
City Jail. He said that while the Sandiganbayan Building had a holding cell
at the sheriff’s office, it was not designed to double as a real jail.
"But remember, there is only one plunder case, and all the other cases are
bailable. Therefore he and whoever else is charged may post bail,"
Garchitorena said.
Desierto filed a total of 11 complaints—seven implicating Estrada—upon the
recommendation of the Special Preliminary Investigation Panel (SPIP) led by
Overall Deputy Ombudsman Margarito P. Gervacio, which found prima facie
evidence to file the charges in court.
The filing of charges came in the wake of the Supreme Court’s Tuesday ruling
junking Estrada’s motion for reconsideration on his twin suits laying claim
to the presidency and to immunity from charges.
The ruling capped more than two months of legal battle put up by Estrada’s
lawyers to shield him from criminal prosecution.
"We resolved the cases after the dismissal of (Estrada’s) petition . . . and
after a determination that the former president had already been given more
than ample opportunity to counter the charges against him," Desierto said at
a press conference yesterday at the Ombudsman Office in Manila.
7 complaints
Desierto said the charges stemmed from seven complaints filed by cause-
oriented groups on the tobacco tax diversion and the jueteng collection.
The eighth complaint is for plunder filed by the Department of Justice. It
named Estrada as the sole receiver of P189.7 million as a result of the
purchase of shares of stock in Belle Corp.
Desierto said he was confident that the cases would prosper given his office’s
voluminous evidence. "The cases will stand trial," he said, a battery of top-
caliber lawyers at his side. "They’re even stronger than the cases filed
against the Marcoses."
He also said that Estrada’s final destination would be the National Bilibid
Prisons, and that the former president would also face the prospect of a
death sentence.
However, Desierto said, because of the moratorium on executions, Estrada may
spend some time in jail, at least during the Macapagal administration.
"If the Sandiganbayan is determined, cases can be resolved in a year’s time,"
he said.
In his 97-page joint resolution, Desierto said Estrada committed plunder
through "a combination of criminal acts in which he earned P4 billion--P130
million from the tobacco taxes, P545 million from jueteng bribes, P189.7
million from the purchase of Belle shares and the P3.2 billion Jose Velarde
account" at the Equitable PCI Bank.
He said the Ombudsman’s special panel had decided to consolidate the eight
plunder cases into one to strengthen the plunder complaint. Also, he said,
"for plunder to exist there must be three instances of criminal acts."
"Plunder is illegal enrichment by a public official using his public office,"
Desierto said.
Prosecution panel
A battery of lawyers composed of 13 senior officials of the Office of the
Ombudsman led by Desierto, five DOJ officials led by Justice Secretary
Hernando Perez, Solicitor General Simeon Marcelo and Presidential Management
Staff Jonathan Teñefrancia will compose the special prosecution panel.
Desierto approved yesterday SPIP Office Order No. 45 to constitute the
special panel that will prosecute the eight complaints before the anti-graft
court.
"Additional assistance to the prosecution is also expected to come from the
group of private lawyers who (participated) in the impeachment proceedings
(against Estrada)," Desierto said.
At the Sandiganbayan, Garchitorena expressed doubt that hearings would still
be conducted by the individual divisions of the court in establishing
probable cause for each of the charges.
"The division might be satisfied by just looking at the records . . . There
will be a hearing only if the division in question has doubts about the
probable cause," he said.
Garchitorena also said it would be too early to tell whether there would be
daily trials for the Estrada cases. Apparently to address an impatient
public, he said the Sandiganbayan trials — if they come to pass — would
neither be as swift as Estrada’s impeachment trial at the Senate, nor would
it be decided by a simple majority vote of the judges.
"Do not be misled . . . Here we cannot get our way easily. We have to put
our decisions in writing," Garchitorena said.
Chavit
Ilocos Sur Gov. Luis "Chavit" Singson, whose jueteng expose spelled the
beginning of the end for Estrada, said the filing of charges against his
erstwhile friend served as his ultimate vindication.
"At least I was able to prove that I was right from the very beginning," he
told the INQUIRER. Singson said Estrada’s fate should teach the public
valuable lessons in choosing its leaders.
"He deserved to be charged. It proves that the law applies to all," Singson
said in Filipino. He said Estrada’s case should warn future leaders against
looting government coffers.
"It’s good that Erap was charged, so graft and corruption in our country
would be stopped once and for all," he said. "For the first time, we have a
president who has been charged. Our country is the only one that does not
punish its leaders who have done wrong."
He added: "I’m happy that I was able to prove I was right. Millions voted
voted for Erap, and now they know they have made a mistake."
ESTRADA CAMP NOT GIVING UP DESPITE SUPREME COURT DECISION
April 4, 2001, INQ7.net
LAWYERS for deposed president Joseph Estrada are expected to meet today to
discuss their next moves following the Supreme Court’s decision to throw out
Estrada’s claim to immunity from prosecution and to uphold the legitimacy of
Gloria Macapagal-Arroyo’s presidency.
"We hope that today we will be served copies of the resolution, then confer
on the next steps that we would recommend to our client," Estrada lawyer
Rene Saguisag said.
Saguisag admitted that it will be difficult to pursue the case with the
Supreme Court, which had decided for the second time to junk Estrada’s
appeal to declare Macapagal as acting president and him as president on
leave.
"From the beginning it was tough because the Supreme Court wasn’t about to
admit it made a mistake," he said.
Saguisag also said that one of Estrada’s lawyers would confer with the
Ombudsman with regards to the plunder case that will be filed against their
client. He noted that their earlier agreement with the state Ombudsman was
that their camp would have five days to reply to any decision that will be
issued by the High Court.
As it did on March 2, the High Tribunal voted 13-0 to dismiss Estrada’s
motion for reconsideration of its ruling that he resigned and vacated his
post at the height of People Power II. It said Estrada's contentions
contained in the twin motions filed by his lawyers, were "bereft of merit."
SUPREME COURT: IT'S FINAL, ESTRADA'S OUT: This time it's final: Joseph
Estrada is no longer president, he's not immune from criminal prosecution,
and he can't appeal this ruling.
Again voting 13-0, the Supreme Court (SC) junked for the second time an
appeal by the deposed leader to regain the presidency, ending two months of
legal battles between him and his successor President Arroyo.
The court also voted to strip Estrada of presidential immunity, paving the
way for the filing of a string of criminal charges against him, notably
corruption and the capital offense of plunder.
In Bacolod City, the President refused to comment on the decision but said
the ball is now in the hands of the Office of the Ombudsman and it is now
for Estrada to answer the charges.
At Malacanang, Presidential Spokesman Renato Corona said they had expected
the High Tribunal to vote unanimously on the Estrada motions. In handing
down the ruling yesterday, the tribunal indicated it was final and would no
longer entertain further motions for reconsideration.
While the SC did not explicitly say it in its decision, rules of court
provide that a denial of a motion for reconsideration makes the ruling
final and executory. The SC's present leadership also does not allow a
second appeal.
"The Supreme Court will not entertain a second motion for reconsideration,"
said assistant clerk of court Maria Luisa Villarama. The 43-page ruling
penned by Justice Reynato Puno also effectively lifted the extended
restraining order initially issued by the SC on Feb. 20 that prevented the
Ombudsman from pursuing charges against Estrada.
The court pointed out that the petitioner merely used "rehashed arguments
and thinly disguised new spins to assert his claim to the presidency.
Chief Justice Hilario Davide Jr. and Justice Artemio Panganiban, who
inhibited themselves from the decision, said Estrada cannot claim double
jeopardy since he was not convicted by the impeachment court presided by
Davide himself.
In a statement, former Sen. Rene Saguisag, lead lawyer of Estrada, said
they would convene to plan their next move.
The Kilusang Mayo Uno (KMU) urged the Arroyo administration to immediately
arrest and prosecute Estrada for his alleged crimes. The KMU warned of
massive protest actions in case the court gives Estrada a clean bill of
health.
On the other hand, the militant Bagong Alyansang Makabayan urged the SC not
to hinder the immediate arrest and prosecution of Estrada.
Former Executive Secretary Edgardo Angara said he was saddened by the SC
ruling, but expressed hope it is not yet final and "may be revisited." A
spokesman for the opposition coalition said the decision will not affect
the party's campaign schedule. Estrada rued. Phil. Star, 04/04/2001
OMBUDSMAN INDICTS ESTRADA ON 8 CORRUPTION CHARGES
April 4, 2001, INQ7.net with AFP
THE OMBUDSMAN today filed eight charges of corruption involving four billion
pesos against deposed president Joseph Estrada in the Sandiganbayan court.
The criminal charges include the non-bailable offense of "plunder," which
includes alleged embezzlement, bribe-taking and manipulation of the stock
market through state institutions.
But Sandiganbayan justice Francis Garchitorena said it was highly unlikely
they would immediately call for Estrada's arrest. "It is not our procedure
to immediately arrest anyone, no matter who is charged," Garchitorena said
in a radio interview.
Ombudsman Aniano Desierto proceeded to the Sandiganbayan escorted by a
convoy of 10 vehicles, including security units.
His move came a day after the Supreme Court affirmed in a final ruling that
Estrada, ousted by a popular revolt in January, was no longer the legal
president and was not covered by immunity from prosecution.
Estrada, busy campaigning for his partymates in the May Congressional
elections, said in a separate radio interview that he was dismayed with the
move of the Ombudsman.
"I can’t understand the Macapagal government," he said in Tagalog. He
claimed that the government had earlier asked him to go on exile. Plunder
charges were also filed against Estrada's friend, Charlie "Atong" Ang and
the former president's son, Jose "Jinggoy" Ejercito, mayor of the family's
baliwick of San Juan town.
Estrada's son, his wife, Luisa Ejercito and several of his friends are also
named in the seven lesser corruption charges, including lawyer Edward
Serapio, alleged jueteng "bag lady" Yolanda Ricaforte, presidential adviser
Jimmy Policarpio, Eleuterio Tan, Alma Alfaro, Delia Rajas and Ilocos Sur
provincial officials.
Apart from plunder, Estrada is accused of perjury in misdeclaring his
assets, using a fake name to set up a bank account and shielding a friend
from government regulators in an insider-trading probe.
Desierto told reporters he had at least 35 witnesses to back up his cases.
He stressed it would be up to the Sandiganbayan court to decide when
Estrada should be arrested. The court would first raffle the case off to one
of its justices on Friday who would then have to decide if there was
probable cause for the charges, he said.
Earlier, Desierto said in a television interview that there was a
"culmination of criminal acts" that supports its case of plunder against
Estrada. He said these acts constitute gross violations of the Anti-Graft
and Corrupt Practices Act, the Code of Ethical Standards among Public
Officials, as well as the illegal use of an alias in Estrada’s alleged Jose
Velarde bank account.
Desierto also announced that the Office of the Ombudsman has granted Ilocos
Sur Gov. Luis "Chavit" Singson immunity from suit. Singson’s testimony, he
said, was vital in the furtherance of the plunder case.
The Sandiganbayan is expected to look into the merits of the case before
issuing an arrest warrant against Estrada.
ESTRADA NO LONGER PRESIDENT, SUPREME COURT RULES
April 3, INQ7.net with AFP
SUPREME Court justices ruled for a second and final time Tuesday that
disgraced leader Joseph Estrada had ceased being president and thus could no
longer invoke immunity from arrest, court sources said.
The verdict threw out an Estrada plea for the court to overturn a similar
ruling issued last month. Estrada was ousted in a military-backed popular
revolt last January.
The court was to issue later Tuesday a written ruling to the effect that
"no new arguments were raised which could warrant the reversal of the
March 2 decision," said a court official who asked not to be named.
A separate radio report also said that the Supreme Court had already decided
with finality to junk Estrada’s petition. The high court justices ruled 13-0
to affirm the legitimacy of the government of President Gloria Macapagal-
Arroyo, and set aside claim of Estrada that he is only president on leave.
The Supreme Court had again cited the diaries of former Estrada executive
secretary Edgardo Angara, in making its decision. The Angara diaries were
published in the Philippine Daily Inquirer.
Integrated Bar of the Philippines president Arthur Lim said in a radio
interview that if the Supreme Court says that it is ruling with finality
this precludes any more attempt by Estrada to file a motion for
reconsideration.
He said the SC decision would effectively mean the lifting of the temporary
restraining order on the Ombudsman to file charges of plunder against the
deposed president at the Sandiganbayan court.
SUPREME COURT JUSTICES URGED TO ALLOW ESTRADA'S ARREST
Inquirer News Service, April 2, 2001
A small convoy of vehicles left for Baguio City on Monday to put pressure
on Supreme Court justices to allow the government to arrest deposed
president Joseph Estrada, protest organizers said.
The 16-car convoy from Manila was en route to Baguio city, where the
15-member court is on summer retreat until next week, they said.
A left-wing group called BAYAN told Agence France-Presse that its members
want the justices to lift a stay it imposed on the government last month
that prevented state prosecutors from indicting Estrada for graft and other
alleged crimes.
"We will knock on the door of the Supreme Court office. We will tell the
justices this message: The ousted president should be arrested and tried
not coddled," the group said in pamphlets handed out along the convoy route.
The group plans to picket the Supreme Court's quarters at a government
compound in Baguio on Tuesday.
EVIDENCE IN DACER CASE LEADS TO ERAP'S DOORSTEP, ARROYO SAYS
INQ7.net, April 2, 2001
PEOPLE Power coalition candidate for senator Joker Arroyo said the evidence
in the abduction and killing of publicist Salvador "Bubby" Dacer along with
his driver Manuel Corbito, seem to lead to the "doorstep" of former
president Joseph Estrada.
Arroyo in a radio interview pointed out that the individuals that are
reported to be involved in the case are members of the former
administration's Presidential Anti- Organized Crime Task Force (PAOCTF),
which he said is "Estrada’s own".
Arroyo, who was also one of the public prosecutors in the Estrada's
impeachment trial, said the PAOCTF is like Estrada's personal "Gestapo" or
secret police, during the former leader's term as chief executive.
"The intelligence fund of the PAOCTF is even larger than that of the entire
Armed Forces," Arroyo said of Estrada’s "favorite unit."
Arroyo said his statements are independent of those given by former
president Fidel V Ramos who earlier claimed that Estrada had something to
do with the Dacer case.
He further said Estrada is again using the same strategy he used during the
impeachment trial of "brushing aside" the allegations against him.
ESTRADA: RAMOS OUT TO 'DEMONIZE' ME
Inquirer News Service, April 2, 2001
Ousted President Joseph Estrada yesterday accused Fidel V. Ramos of making
up charges to "demonize" him, as he dismissed his predecessor’s allegation
that the Estrada administration was to blame for the still to be proven
kidnapping and killing of publicist Salvador "Bubby" Dacer.
"They can put out all these fabrications against me. I’m expecting that.
They want to really demonize me, to discredit me," Estrada said in an
interview in Cebu City.
The deposed leader will indeed be asked by authorities to tell exactly what
happened during a meeting with Dacer in Malacañang last Nov. 22, a couple
of days before the PR man was reportedly kidnapped, Director Reynaldo
Wycoco of the National Bureau of Investigation said.
And the Dacer family welcomed the willingness of Ramos and Estrada to
submit to questioning by government authorities in order to shed light on
the identities of those who might want to have the controversial publicist
dead.
"Both of them are close to the family and if they’ll be invited (for
questioning), it will remove all doubts that have been shed upon the
characters who have been linked to the case," said Chelen Reyes, one of
Dacer’s sons-in-law.
"We want to know (from Estrada) what happened during their talk although
Mrs. Ampy Dacer-Henson (Dacer’s daughter) has already told us what happened.
So more or less, we know what really happened that night," Wycoco said in a
radio show on dzBB.
"Whatever he will say will shed more light on the incident," he told Vice
President Teofisto Guingona, a co-host of the show.
Ampy had said that an angry Estrada berated Dacer that evening for
spearheading an alleged anti-government smear campaign. On the other hand,
Rep. Luis "Baby" Asistio, who had arranged the meeting, described it as
friendly.
Asked by the Inquirer what the family specifically wanted to learn from the
two former presidents, Reyes said Estrada should be asked "what really
transpired at that meeting."
Ramos, on the other hand, should fully explain "what their conversation was
all about" when Ramos and Dacer talked on the phone regarding an appointment
in Manila Hotel on the day of the abduction.
‘Psy-war experts’
Ramos, in a People Power Coalition rally on Saturday, said that apart from
the 12 plunder cases against Estrada, there was a 13th case: the alleged
kidnapping and killing of Dacer and his driver, Manuel Corbito.
Ramos treated the alleged crimes as fact.
He has volunteered to submit himself for questioning to the NBI this
afternoon to reveal everything he knows about Dacer’s disappearance.
But for Estrada, the accusation is merely an irritant cooked up by Ramos
and former National Security Adviser Jose Almonte, whom he described as
"psy-war" experts.
Asked to comment on Ramos’ charges, Estrada said: "(Let him) go ahead.
Nobody can stop him. I’m ready to face anyone." He brought up Ramos’ order
to release Lt. Col. Reynaldo Berroya at the start of the 1998 presidential
campaign, as part of what Estrada has since claimed was a demolition job
against him.
"He even implicated me by releasing Reynaldo Berroya, who went TV (station)-
hopping to say I was (involved in a plot to) assassinate Mr. Ramos," Estrada
said.
"So, again, the same tactics" are being applied, he added.
Consult lawyers
Estrada claimed that the Ramos-Almonte tandem had been after him for several
years, raising a taped conversation -- released by his own administration --
between Ramos and socialite Rosemarie "Baby" Arenas where the two discussed
the ouster of Estrada.
"This duo (Ramos and Almonte) is perfect in psy-war. You’ve heard the
conversation between Ramos and Arenas. They were already plotting at that
time," Estrada said.
Asked if he would take Ramos to court, Estrada said that he would instruct
his lawyers to study the possibility. "We’ll see . . . I’ll consult my
legal staff and we’ll see how successful they will be in another of their
gimmicks, (in this) black propaganda campaign," he said.
"They’ve fooled the people once, twice, but they won’t fool the people all
the time," he said. Dacer, before he disappeared, purportedly sent a letter
to Almonte saying he feared that then President Estrada and Lacson were
monitoring him and had tagged him as a point man in a plot to destabilize
the government.
Who had motive, power?
Two suspects have admitted that they played a part in the kidnapping and
disposal of the bodies, and have identified members of the Presidential
Anti-Organized Crime Task Force as the murderers.
The two, Jimmy Lopez and Alex Diloy, have been turned over by the NBI to the
Department of Justice prosecutor’s office for the filing of charges, Wycoco
said.
The pair, who were arrested in Cavite last week, could be charged with
kidnapping with double murder within a couple of days, he said.
But Guingona urged investigators to pin down the mastermind.
"We should really get to the bottom of this. The people want to know who
gave the orders and who is the principal," he said.
"Let us go to the truth . . . These SPO2s, SPO4s, they’re only the
executioners," he said of policemen who were identified by Lopez and Diloy.
Guingona said the investigators should ask: "Who has the motive? Who has
the opportunity to do this? And who has the power; the means or weapons to
do what was done?"
To Erap’s doorstep
He said the NBI should summon Senior Supt. Teofilo Viña, former chief of the
PAOCTF unit in the Visayas, for questioning. The suspects claimed Viña gave
the final order to kill Dacer and Corbito.
PPC senatorial candidate Joker Arroyo said the evidence was "leading to
(Estrada’s) doorstep."
Estrada could not escape blame in the Dacer case, if only because Dacer and
Corbito disappeared while he was president, Arroyo said.
The former President, he stressed, was "duty-bound" while in office to
investigate the disappearance of the two, but "it took the present
administration to uncover what happened to Dacer and Corbito."
"Erap has a lot of explaining to do," Arroyo said in a phone interview.
DACER CASE – FVR ACCUSES ERAP: Former Pres. Fidel V. Ramos yesterday
directly pinned the still unproven kidnapping and murder of publicist
Salvador "Bubby" Dacer on the administration of his successor, Joseph
Estrada.
"Aside from the 12 plunder cases against Estrada, there is a 13th case: the
kidnapping and murder of well-known PR practitioner Salvador "Bubby" Dacer
and his driver, Manuel Corbito," Ramos said, in the context of asking voters
to reject pro-Estrada candidates in the May 14 polls.
"That is the 13th case against the administration of former President
Joseph Estrada," Ramos said at the grand proclamation rally of the People
Power Coalition-Lakas candidates for Metro Manila.
Ramos said he had presented himself to Justice Secretary Hernando Perez and
had volunteered to go to his office at 3 p.m. on Monday after a Cabinet
meeting in Malacanang. He said he would reveal everything he knows of "the
tragic and murderous kidnapping."
On Friday night, Estrada confirmed that he believed that Dacer had been
part of a "demolition squad" out to get him, but denied ever harboring any
ill will for the PR man.
Perez had said that Estrada should be questioned because Dacer's daughter
Ampy had claimed seeing the ousted President angry with her father during a
meeting held only days before Dacer's disappearance on Nov. 24.
"I have nothing to do with that Mr. Bubby Dacer. He's a longtime friend of
mine. His daughter was my godchild in baptism and (at her) wedding. So we
were that close," Estrada said in an interview in Naga City on Friday
night.
Still, he expressed willingness to accept an invitation from the justice
department to shed light on the circumstances surrounding the alleged
murders.
The deposed leader claimed that Dacer was involved in a "smear campaign"
against him in 1992 when he ran for vice president, but added that he did
not take this against the PR man.
In his second year in office, Estrada accused Lakas officials, led by
Ramos, of plotting to destabilize his administration.
Estrada said that he had spoken out against the alleged smear job several
times in the past.
And he shrugged off an alleged letter Dacer allegedly wrote to Almonte
about a month before his abduction, confiding that he feared that he was
being monitored by Estrada and then Philippine National Police chief
Panfilo Lacson.
The letter said that Dacer had received reports saying that Estrada
believed that the PR practitioner was the point man in the alleged
destabilization plot.
Shortly after Dacer was reported missing, Estrada admitted that he had met
only days earlier with the PR man in Malacanang.
But Perez appeared set on a plan to question Ramos, a client of Dacer's who
was able to talk to him hours before his abduction on Nov. 24. Inquirer,
04/01/2001
NANI MAY HAVE ASKED ESTRADA TO LEAVE, BUT GMA WANTS ESTRADA TO FACE RAPS:
Justice Secretary Hernando Perez may have offered ousted President Joseph
Estrada the option of exile, but President Arroyo said this was only a
"tactical" maneuver during the precarious days following the people power
II uprising.
The President made the virtual admission to allay fears she may allow her
predecessor to flee the country. She stressed that Estrada should stay and
face all charges against him.
"I don't want Estrada out of the country. The people expect him to face the
charges here," she said during the "President's Night" of the Manila
Overseas Press Club (MOPC) on Thursday night.
Her statement was seen as a virtual admission that her government had
offered to allow Estrada to leave the country to stabilize the situation
but later changed its mind after a public clamor to prosecute the disgraced
leader for economic plunder.
Mrs. Arroyo's comment was meant to shoot down the campaign line of some
opposition senatorial candidates who have vowed in various campaign rallies
to restore Estrada to the presidency. Phil. Star, 03/31/2001
