ESTRADA ABSOLVED FROM TWIN MURDERS OF PUBLICISTS, DRIVER
INQ7.net, June 25, 2001
Ousted president Joseph Estrada is not part of the group allegedly involved
in the kidnapping and murder of a publicist and his driver. This developed
after Justice Secretary Hernando Perez and Chief State Prosecutor Jovencito
Zunio said they could not find any evidence in the testimony of Police
Superintendent Glen Dumlao linking the former president to the deaths of
public relations man Salvador Dacer and his driver Emmanuel Corbito.
Perez said Dumlao’s testimony was “hearsay” and needed “corroborating evidence.”
Dumlao, who admitted to “interrogating Dacer” before he was kidnapped alleged
that he overheard an accomplice taking orders from a higher authority. Dumlao
was a former aide of Senator-elect Panfilo Lacson, then Estrada’s national
police chief.
Lacson himself was tagged by Dumlao as the alleged mastermind. But he denied
the accusation. Perez said Lacson and two officers of the defunct Philippine
Anti-Organized Crime Task Force, Cesar Mancao and Michael Ray Aquino, would
be summoned for a preliminary investigation.
MILITANTS DECRY DELAY IN ESTRADA ARRAIGNMENT, TO PICKET COURT
INQ7.net, June 26, 2001
Militants, led by the Bagong Alyansang Makabayan, will take to the streets
tomorrow to protest the Sandiganbayan’s decision to reset the arraignment for
plunder of deposed president Joseph Estrada.
Bayan secretary-general Teddy Casiño said the left-wing organization would
picket the anti-graft court which granted Estrada’s request to move his
arraignment to July from June 27.
He decried the alleged "special treatment" being given to the ousted chief
executive since this is the second time his arraignment has been reset.
JUSTICE SLAMS POLICE FOR ALLEGED INABILITY TO PROTECT ESTRADA
Agence France-Presse, June 26, 2001
Sandiganbayan Presiding Justice Francis Garchitorena slammed the Philippine
National Police (PNP) for “its inadequate demonstration to protect the
facilities of this (anti-graft) court.”
Garchitorena’s criticism was contained in his ruling against a PNP request to
transfer the arraignment and trial of former president Joseph Estrada from
the Sandiganbayan to the Veterans Memorial Medical Center where he is being
detained with son, Jinggoy.
Despite police claims that Estrada’s safety could be endangered traveling to
and from the court, Garchitorena said the onus was on the police to protect
the 64-year-old former action movie star president.
“It is up to the police to make the plan. They have to secure the building,”
he ruled. The deposed president is expected to attend his arraignment on a
perjury charge tomorrow.
A defense motion for all charges against Estrada to be reconsidered is to be
heard Wednesday morning before the perjury hearing. In a separate hearing on
Monday, Justice Anacleto Badoy put back the former chief executive’s
arraignment on the most serious charge of plunder from June 27 to July 10 to
allow time to consider motions from both defense and prosecution lawyers.
Estrada, toppled in a popular revolt on January 20, faces the death penalty
if convicted of plundering a personal fortune of 80 million dollars. Eduardo
Urieta, the sheriff and chief of security at the anti-graft court, said up to
3,000 police could be deployed Wednesday to protect Estrada between the
hospital and the court and to keep pro and anti-Estrada supporters apart.
The building will be “sanitized for bombs and other incendiary devices” and
there will be metal detectors at all entrances, Urieta said. Meanwhile
security forces were placed on high alert following the Sandiganbayan ruling.
More than 3,000 extra police were brought into Manila as National Security
Adviser Roilo Golez said persistent reports of plans for a mass demonstration
were being taken seriously.
“We can see the movements to recruit more people to block the Sandiganbayan
(anti-graft court),” Golez said. Estrada’s arrest in April sparked huge street
protests. About 50,000 supporters marched on Malacañang presidential palace
on May 1.
Macapagal called the march a plot to topple her government and install a
civilian-military junta, and called out the army to quell the rioting that
followed. Four people were killed and more than 100 arrested. Golez said the
government “will not be caught unprepared” again.
SANDIGANBAYAN RESETS ESTRADA ARRAIGNMENT TO JULY 10
Agence France-Presse, June 25, 2001
Deposed president Joseph Estrada’s corruption trial is to be moved back 13
days to July 10, the Sandiganbayan anti-graft court ruled Monday.
Justice Anacleto Badoy said at a hearing that the June 27 arraignment on the
charge of plunder was being moved back to allow the court to rule on pending
motions from both sides. However court sources said Estrada’s arraignment on
a separate charge of perjury would not be postponed and would be pushed
through on Wednesday as scheduled.
Estrada, toppled in a popular revolt on January 20, faces the death penalty
if convicted of the capital crime of plunder. He is also facing arraignment
for allegedly not listing his vast wealth in his official declaration of
assets required of all high officials.
The 64-year-old former movie star was to have been arraigned Wednesday at a
northern Manila court on charges of plundering a personal fortune of 80
million dollars.
The police went to court Monday asking for the trial to be moved to the
hospital where he is currently detained, citing a possible assassination
attempt. The anti-graft court is due to hold hearings on whether the
arraignment for perjury will also be held in the hospital, court sources said.
Senior Superintendent Doroteo Reyes said the police had gathered intelligence
that Estrada’s safety could be endangered travelling to and from the court.
He also cited an alleged plan by Estrada supporters to disrupt the trial
“through massive demonstrations and violent actions within the premises.”
Moving the venue for both the arraignment and the trial “does not affect the
merits of the case,” while it “will substantially reduce the risks,” Reyes
said. National Security Adviser Roilo Golez said that while the courtroom was
only a short distance from the hospital, there were several “choke points”
along the way, which government opponents could use to disrupt the daily
effort of transporting Estrada.
ALERT RAISED OVER DEPOSED LEADER'S COMING ARRAIGNMENT: Amid warnings of a
planned power grab, military and police were on alert yesterday in preparation
for the upcoming trial of ex-President Joseph Estrada's landmark plunder case
seen as a test for the nation's legal system.
Barring yet another postponement, Estrada will appear on the dock Wednesday
with his co-accused, son Jinggoy and former lawyer Edward Serapio, to be
arraigned on charges of plunder.
Officials said several thousand soldiers and police are to secure the
Sandiganbayan in Quezon City and the 7-kilometer stretch of highway Estrada
and his guards will take from the Veterans Memorial Medical Center where he
and Jinggoy have been detained for over a month.
Amid the preparations, Estrada's defense team appears to have withdrawn its
initial opposition to a proposal from the Philippine National Police to
have the ex-President's trial held at the Veterans Memorial Medical Center
rather than in court.
President Macapagal-Arroyo has warned that pro-Estrada forces are again
plotting huge street demonstrations starting on Tuesday in the hope of
destabilizing her government and goading the military to rise up against her.
Calling their petition for a hospital trial a matter of "national security,"
police officials have argued that the trial should be held at the hospital's
gym, where they said it would be easier to protect the ousted leader.
As early as two weeks ago, a "hospital trial" for the Estradas was suggested
surprisingly, by leaders of Kompil 2, the civil society umbrella group that
pushed for his ouster during Edsa II. Like the PNP, Kompil 2 cited the high
security risks involved in transporting the Estradas to the court and back.
On Friday, Ms Macapagal assured the public that her administration was in
control despite the alleged threats from undisclosed groups. Estrada is
expected to plead not guilty to plunder, a crime punishable by death, as well
as to the lesser charges of perjury and illegal use of an alias.
The Sandiganbayan's third division is hearing the cases of plunder and illegal
use of an alias, while the perjury case has been raffled off to the first
division. Inquirer, 06/25/2001
DRILON: SANDIGANBAYAN BENDING OVER BACKWARDS FOR ESTRADAS
Inquirer News Service, June 23, 2001
Sen. Franklin Drilon, a former justice secretary, warned yesterday against
the increasing tendency of the Sandiganbayan to "bend over backwards" for the
Estradas who are facing plunder and other charges in court.
In a telephone interview with the INQUIRER, Drilon said this development was
only reinforcing the perception that the anti-graft court was going soft on
ousted President Joseph Estrada and his son, outgoing San Juan Mayor Jinggoy
Estrada.
"The Sandiganbayan is bending over backwards. This is not a good sign for the
justice system", Drilon said. Drilon was reacting to the recent decision of
the Sandiganbayan granting the Estradas temporary hospital arrest and a five-
day furlough for Jinggoy to wrap up his affairs and turn over the mayoralty
to his brother, JV Ejercito.
Drilon said that it was also too much for Jinggoy to have asked that his five-
day leave be extended to June 30. Drilon said he did not agree that the younger
Estrada deserved a furlough. "Turning the municipal government over to a new
administration would only involve paper work and that could be done at the
hospital", Drilon said.
Instead, the Sandiganbayan granted Jinggoy five days to effect the transfer
of office at San Juan to JV. The graft court, however, modified that order
and required Jinggoy to return to the hospital by 5 p.m. each day after he
broke conditions of the furlough by visiting his grandmother and laying a
wreath at the statue of Jose Rizal in San Juan.
Drilon said it was right that the Sandiganbayan ordered Jinggoy back to the
hospital at night. He said it was already a bit much that Jinggoy was being
accorded the same privileges as his father, who is a former head of state.
"He (Jinggoy) is not similarly situated as his father so his confinement at
Veterans was already a concession to them. Then we went one step further and
allowed him a five-day leave to purportedly attend to his turnover. This is
merely paperwork that could be done in the hospital premises", Drilon said.
He said these decisions of the Sandiganbayan will eat at the credibility of
the Philippine justice system.
"Really, this is a double standard of justice that we are seeing", he said.
"This strengthens the perception of the poor that there’s a double standard
of justice in the country." The Estradas, through their lawyers, have been
filing petition after motion in an apparent attempt to delay the trial of the
deposed President and his son on plunder, graft and other charges involving
illegal gambling payoffs and tobacco tax kickbacks.
Earlier, they were detained at a specially built bungalow at Camp Sto. Domingo
in Sta. Rosa, Laguna. Security fears and the distance to the arraignment venue
in Quezon City forced authorities to transfer the two to the Veterans Memorial
Hospital. Critics and other administration officials have since repeatedly
questioned the "special treatment" being accorded the Estradas.
MALACANANG PREPARES FOR PRO-ESTRADA RIOTS
INQ7.net, June 22, 2001
Malacanang today said it is prepared to face the possible riots by supporters
of jailed ex-president Joseph Estrada when he is arraigned at the
Sandiganbayan next week.
In a press briefing, Armed Forces spokesman Brig. Gen. Edilberto Adan said
the military would activate Task Force Libra and beef up forces as necessary
to prevent chaos similar to the May 1 storming at Malacañang.
This developed as Presidential spokesperson Rigoberto Tiglao dismissed the
threat of destabilization ploy as "traffic destabilization in commonwealth
(Quezon City)," following reports that some political identities are sowing
unrest to embarrass President Gloria Macapagal. Tiglao refused to name those
behind the plot but National Security Adviser Roilo Golez said they are the
"pro-Estrada anti-Gloria factions" who will stage demo either on June 26 or
27.
Tiglao said the "warm bodies" present during demonstrations will be few and
will not be a strong force.
WITNESSES AT ESTRADA IMPEACHMENT TRIAL WON'T ATTEND ARRAIGNMENT
INQ7.net, June 22, 2001
Two witnesses at the senate impeachment trial of ousted president Joseph
Estrada might not be able to attend his arraignment on June 27, a radio report
said. Clarissa Ocampo and Manuel Curato of Equitable-PCI Bank cited “security
reasons.”
But Ocampo and Curato reportedly assured that they would testify at the former
chief executive’s trial for plunder. Ocampo, a bank officer and star witness
at Estrada’s impeachment trial, testified that she was just “a foot away”
from the former president when he signed the name Jose Velarde in the bank
documents she gave him involving a multi-million peso trust fund.
Curato, the bank lawyer, corroborated Ocampo’s testimony.
The lady banker’s statement paved the way for the opening of the controversial
second envelope allegedly containing the incriminating documents. But Estrada
allies in the senate banded together to reject the opening of the envelope.
The move later resulted in EDSA II that eventually ousted Estrada after two
and a half years in office.
COURT DENIES ESTRADA PETITION TO QUASH PERJURY CASE
INQ7.net, June 22, 2001
The Sandigan court on Friday junked former president Joseph Estrada’s petition
to dismiss the perjury case involving the alleged misrepresentation of his
statement of assets and liabilities.
Its first division presiding justice Francis Garchitorena denied the motion
due to “lack of merit.” Garchitorena said there was clear evidence that
Estrada lied and misrepresented his assets and liabilities when he declared
them, a prerequisite for all government officials.
He also affirmed the authority of the Office of the Ombudsman to investigate
and prosecute Estrada on the case. At the same time, the anti-graft court
said the arraignment of Estrada for perjury will push through on June 27 at
3 p.m.
Defense lawyers filed a similar motion to dismiss the case before the
Sandiganbayan 3rd division because it was “unconstitutional and it duplicated
other cases filed before other branches of the anti-graft court.”
Estrada has also been charged before the Sandiganbayan with plunder and the
illegal use of alias when he allegedly signed bank documents under the name
Jose Velarde. Prosecutors refuted defense counsels’ claim, saying Estrada’s
cases carried a common penalty.
They also said the plunder charge against Estrada was “constitutional” because
he is being accused of amassing P50 million in unexplained wealth, the
minimum amount set by the 1987 charter for the capital offense.
SANDIGAN RULES ESTRADA CAN STAY IN HOSPITAL FOR TRIAL
INQ7.net, with Agence France-Presse, June 20, 2001
The Sandigan ruled that jailed ex-president Joseph Estrada can stay at the
Veterans Memorial Medical Center for the duration of his trial. The anti-graft
court, in effect, reversed its earlier ruling, which ordered the return of
Estrada and his son, Jinggoy to Fort Sto. Domingo in Sta. Rosa, Laguna where
they were originally detained.
A radio report said Judge Anacleto Badoy penned the decision after military
doctors advised the court to keep Estrada in the hospital where he has been
confined since May 12.
The former chief executive is scheduled for arraignment on June 27 for
perjury and economic plunder. Meanwhile, former presidential son Jinggoy
Estrada is asking for a one-month extension from the 5-day provisional
liberty the court extended to him so that he would have enough time to wrap
up unfinished business at the San Juan Municipal Hall.
ANTI-ESTRADA LAWYERS VOW TO OPPOSE COURT HOSPITAL RULING
INQ7.net, with Agence France-Presse, June 20, 2001
Private prosecutors assisting the government said on Wednesday they would
question the hospital-stay ruling of the Sandiganbayan court in favor of ex-
president Joseph Estrada.
They claimed the anti-graft court was biased in favor of Estrada, and warned
he could soon be allowed house arrest. "We are going to the Supreme Court
because this will make a mockery of our laws that says we should be equal
(in dispensing) justice," prosecutor Leonard de Vera said.
"What is being shown here is that big time politicians are being given special
privileges for their big time crimes and this is certainly not consistent
with equality in the eyes of the law."
Meanwhile, Estrada lawyer, Raymond Fortun, said the defense panel welcomed
the "very good development" and expressed hope the court would go further
and order Estrada be detained at his suburban mansion. "We see a lot of
compassion on the part of the court that for medical reasons president
Estrada is continued to be detained at the VMCC, " Fortun said.
Early today, Sandiganbayan judge Anacleto Badoy said in a ruling that police
should "allow the former president to remain at the Veterans Memorial Medical
Center until further orders from the court."
Estrada is scheduled to be arraigned on June 27 on charges of perjury and
economic plunder.
'DACER SLAY HAD ESTRADA, PING BLESSING': A senior police officer accused of
involvement in the Nov. 24, 2000 kidnapping and murder of publicist Salvador
"Bubby" Dacer and his driver, Emmanuel Corbito, alleged that the crime had the
blessings of then President Joseph Estrada and his most trusted officer, then
Philippine National Police chief now Senator-elect Panfilo Lacson.
Superintendent Glenn Dumlao, in a sworn statement, alleged that he was ordered
to bomb or burn Dacer's office at the Manila Hotel to destroy vital documents
in the publicist's possession.
He said the order came from Senior Superintendent Michael Ray Aquino, then
operations chief of the Presidential Anti-Organized Crime Task Force (PAOCTF)
which Lacson headed in a concurrent capacity. Dumlao tagged Aquino as head of
the PAOCTF's "special ops" (special operations) against Dacer. Dumlao's nine-
page affidavit was submitted to the Department of Justice on Monday.
He is so far the highest ranking police officer to be implicated in the
double murder case. Dumlao also accused former PAOCTF-Visayas chief Senior
Superintendent Teofilo Vina, Chief Inspector Vicente Arnado and a group of
task force policemen who did not speak Bicolano, Dacer's dialect, of direct
involvement in the case.
Senior Superintendent Cesar Mancao, head of the PAOCTF-Luzon, only knew about
the "special project" from Aquino, Dumlao said. He narrated that sometime in
January 1999, Aquino directed him to place Dacer under surveillance, adding he
was given P20,000 to rent a room at the Manila Hotel under the false name Irwin
Chavez.
Dumlao said he was also instructed to break into Dacer's office, steal or
destroy whatever documents he could find in the place, and monitor people
visiting the office. Dumlao claimed he failed to break into Dacer's office
because it was strategically located on the third floor of the hotel where
there was a monitoring camera.
Dumlao's superiors were apparently after documents pertaining to the Best
World (BW) Resources which was under government investigation for alleged
insider trading and stock price manipulation at the Philippine Stock Exchange
(PSE) which brought about the near collapse of the local capital market.
Dacer apparently got hold of the controversial documents when BW chairman
Dante Tan, reputedly a close ally of Estrada, engaged his services at the
height of the probe being conducted by the Securities and Exchange Commission
and the PSE.
Tan allegedly bankrolled the operations on Dacer to the tune of P50
million, which was entrusted to Aquino. Dumlao said when Mancao inquired about
the nature of the operations, Aquino confided that it had the blessings of
the Palace.
The plot was tentatively shelved when Dumlao went for schooling in Bangkok,
Thailand from Aug. 16 to September 1999. Upon his return in October of the
same year, Dumlao was again directed by Aquino to revive the operations
against Dacer. Phil. Star, 06/22/2001
COURT ORDERS ESTRADA SON BACK TO HOUSE ARREST: Outgoing San Juan Mayor
Jinggoy Estrada played the martyr yesterday after an angry Sandiganbayan
punished him for "flagrant violations" of his five-day detention leave and
canceled his privilege of going home to his wife at night.
The anti-graft court ordered prison guards to escort him back to the
Veterans Memorial Medical Center (VMMC) by 5 p.m. each day, effective
immediately, to rejoin his detained father in their hospital suite.
Jinggoy said he would abide by the ruling.
He won the five-day furlough on Monday to clear his desk at the municipal
hall, but in addition to completing his civic duties, he also made unauthorized
visits to see his grandmother and lay a wreath at a monument to national hero
Jose Rizal.
The Sandiganbayan said patriotism and filial respect were "laudable indeed,"
but added that the visits "constituted flagrant violations of the strict and
explicit conditions imposed by the court."
"For these flagrant violations, done on the very first hours of the first
day, the permission granted him by the court to stay in his house (at night)
has to be revoked outright," the ruling read.
The mayor's paperwork "can still be very well attained without necessarily
committing these violations," the court's third division said. In essence the
resolution granted the state prosecutor's June 19 motion asking the court to
limit Jinggoy's detention leave to office hours.
The politician has until June 23 to wrap up his unfinished business at the
municipal hall. With the new order, he can attend to official matters only
during office hours, from 7 a.m. to 5 p.m.
In the original June 18 ruling granting him what was tantamount to temporary
house arrest, Jinggoy was allowed to stay overnight at his residence in North
Greenhills.
Reading from a four-page resolution, division chair and Associate Justice
Anacleto Badoy said Jinggoy should have asked the court's permission before
visiting his grandmother and laying a wreath at a shrine near his office to
mark Rizal's 114th birth anniversary.
"Conditions imposed by the Court are never meant to be trifled with--else
they are better not imposed at all," Badoy said at a 4:30 p.m. press briefing.
Badoy said the court confirmed the violations through Jinggoy's interview
with the GMA-7 news program "Frontpage," where he talked about the two
unauthorized visits.
A private prosecutor continued to protest the order allowing Jinggoy to
work at his office. Arno Sanidad said the arrangement was an "insult" to
San Juan vice mayor and former professional cager Philip Cezar, who is
authorized to take over town hall affairs in the mayor's absence.
As the trial of the Estradas draws closer, Ombudsman Aniano Desierto said
he would propose Camp Crame as an alternative detention site for the accused
pair. Even though the Estradas were transferred from Camp Crame after their
arrest due to perceived substandard conditions of the jail there Desierto
said the camp fitted the requirements set by the court as a detention venue.
He also noted its proximity to the Sandiganbayan. Both are in Quezon City,
while the detention facility specially built to house the Estradas is in
Fort Sto. Domingo in Sta. Rosa, Laguna.
Desierto's plan came on the heels of another court order allowing the
Estradas to remain detained at the Veterans Memorial Medical Center (VMMC)
"until further orders," despite an earlier resolution to transfer them back
to Fort Sto. Domingo. Inquirer, 06/22/2001
ERAP SON WANTS MORE TIME: After the Sandiganbayan granted outgoing San Juan
Mayor Jinggoy Estrada a five-day temporary liberty, he and his co-accused
father, ousted President Joseph Estrada, yesterday asked for more, this
time a "30-day house arrest."
But state prosecutors grumbled in seeing Jinggoy go home and start enjoying
a few restful days at the Estradas' North Greenhills residence in San Juan.
Prosecutor Humphrey Monteroso said he would file a manifestation asking the
anti-graft court to amend its June 18 ruling that granted Jinggoy temporary
liberty from June 19 to 23.
Instead of allowing Jinggoy to stay overnight at North Greenhills, the
court should compel him to return to the Veterans Memorial Medical Center
"after office hours" during his temporary liberty, Monteroso said.
Otherwise, the young Estrada would be enjoying what would be tantamount to
a temporary house arrest, which has "no legal basis," the government lawyer
said.
But Jinggoy said he had so much pending work to attend to that his five-day
temporary freedom was not enough.
On his first day of temporary liberty, Estrada said his lawyers would ask
the Sandiganbayan for an extension to allow him to finish his term as mayor
of his hometown on June 30. He added that he wanted to stay until his half-
brother, JV Ejercito, takes over on July 1.
Yesterday, the Estradas through counsel Rene Saguisag filed an omnibus
motion asking the Sandiganbayan's 3rd Division for "at least" a 30-day
house arrest to enable them to prepare their defense prior to their
arraignment.
The motion asked that the Estradas be "allowed to inspect and copy all
documents and evidence in the possession of the prosecution, before
arraignment, and that they be given ample time to prepare at home on a house-
arrest basis for at least 30 days."
Saguisag also asked the court that all state prosecutors and their witnesses,
particularly juetengate whistle-blower Ilocos Sur Gov. Luis "Chavit" Singson,
be "gagged" from discussing the charges against the Estradas in venues other
than the court and the Office of the Ombudsman. Inquirer, 06/20/2001
SC TO ACT ON ESTRADA COVERAGE, PARTY-LIST IMPASSE TOMORROW
INQ7.net, June 18, 2001
The Supreme Court will meet en banc tomorrow to decide whether to allow media
to cover the plunder trial of former president Joseph Estrada.
A radio report said the 15 justices, led by Chief Justice Hilario Davide will
study the petition filed by lawyers of former president Joseph Estrada asking
the high court not to allow the media coverage, which the petitioners said
might affect the conduct of the trial.
The Supreme Court will also decide on the militant Bayan Muna party-list
organization’s petition seeking the disqualification of the citizen’s anti-
drugs group MAD (Mamamayan Ayaw sa Droga), which topped National Movement for
Free Elections tally of the party-list polls on May 14. Bayan Muna came in
second.
The high court stopped the Commission on Elections from proclaiming MAD as
the winner in the elections until after it has decided on the militants’
motion.
TRIPLE ARRAIGNMENT OF ESTRADA SET JUNE 27: The third division of the
Sandiganbayan allowed yesterday the consolidation of the charge of illegal
use of an alias with the plunder charge against jailed former President
Joseph Estrada and paved the way for three successive arraignments for him
on June 27.
Aside from plunder and the illegal alias charges, Estrada will also be
arraigned on the perjury case before the anti-graft court's fourth division
chaired by Associate Justice Narciso Nario.
However, Nario and his co-division member Associate Justice Nicodemo Ferrer
on Friday inhibited themselves from hearing the perjury charge and the case
is set to be re-raffled this week.
But while the new magistrates who will hear the perjury charge may allow a
continuance for the arraignment, third division chairman Associate Justice
Anacleto Badoy set Estrada's arraignment on the plunder and illegal alias
charge at 2 p.m. of June 27.
By that date, the third division should have commenced joint bail hearings
that were previously set for June 25 to 28 but Estrada's lawyers said they
will ask the Supreme Court to restrain the Sandiganbayan from conducting
the bail hearing.
If the high court grants a restraining order, the June 27 arraignment would
likely be Estrada's first appearance in court since he was arrested on
April 25 on a string of corruption charges.
The Philippine National Police (PNP) said they are ready to bring Estrada
as required by the court but admitted that security for the former
president is a headache. Phil. Star, 06/17/2001
TWO JUDGES WITHDRAW FROM ESTRADA CASE
Agence France-Presse and INQ7.net, June 16, 2001
Two judges in charge of a perjury case against deposed president Joseph Estrada
have withdrawn from the case, court officials said Friday. Justices Narciso
Nario and Nicodemo Ferrer have asked Francis Garchitorena, the presiding
justice of the Sandiganbayan court, which handles anti-graft issues, to re-
assign the case to another division.
The two judges had ruled last month to reset Estrada's arraignment from May 25
to June 27, overruling a third judge, Rodolfo Palattao, who issued a
dissenting opinion.
Nario and Ferrer said the split decision cast a doubt on "our ability to
comport ourselves as impartial, dispassionate, objective, and unbiased
magistrates." While "we do not deserve" the suspicion, they said they would
disqualify themselves from the case "for the peace of mind of everyone
concerned."
Meanwhile, the Sandiganbayan also approved a petition to consolidate the cases
on perjury and illegal use of alias under the bigger charge of plunder. The
arraignment is set for June 27. In a related development, the Sandiganbayan
on Friday also cancelled bail hearings for Estrada on June 18 and June 22 and
ordered the police to bring him to court on June 25 instead.
Justice Anacleto Badoy, presiding judge of the 3rd Division, said "there are
still pending incidents to be resolved by the Court before the prosecution
may proceed with the presentation of its evidence."
Estrada was toppled in a popular revolt on January 20 and arrested three
months later.
BAYAN MUNA OPPOSES ESTRADA ATTENDANCE IN 'SOCIAL FUNCTIONS'
INQ7.net, June 14, 2001
Party list group Bayan Muna is opposing ex-president Joseph Estrada’s request
to attend the oath-taking of his son JV Ejercito as San Juan Mayor on June 30
and the opening of the 12th Congress in July.
"(Estrada) is charged with a capital offense of plunder that does not allow
for bail, much less attendance in social functions", said Bayan Muna president
Satur Ocampo. Ocampo added that Estrada and his lawyers "should quit invoking
(his) former status as President because he has mercilessly debased that very
office and stole from the nation’s coffers with brazen impunity."
The group also warned the Macapagal government against giving in to any of
Estrada’s "caprices," adding that the state must be firm letting the law takes
its course.
Bayan Muna, Bayan and other militant organizations are set to conduct daily
protest actions from June 18 to 28 at the Sandiganbayan in time for the start
of hearings of Estrada’s personal lawyer and co-accused Edward Serapio.
Estrada and his son Jinggoy are expected to attend the hearings as well.
ESTRADA INSISTS ON 'RESTHOUSE ARREST': Ousted President Joseph Estrada
wants himself and his son, outgoing San Juan Mayor Jinggoy Estrada, placed
under "resthouse arrest."
Through lawyer Rene Saguisag, Estrada asked the Sandiganbayan yesterday to
order their detention at his resthouse in Tanay, Rizal instead of returning
them to Fort Sto. Domingo in Sta. Rosa, Laguna.
In a motion filed by Saguisag, Estrada also asked for the inhibition of
Justice Anacleto Badoy, chairman of the Sandiganbayan's third division,
from hearing the plunder case against him for "prejudging it in his
decision denying him house arrest."
Saguisag said any house arrest for Estrada would continue the restrictions
on the freedom of movement of "someone who has been vilified and disgraced
beyond compare" before being ousted from office.
Saguisag rejected fears that Estrada's followers would spirit out the ousted
President through a tunnel from the comfort of his home. Saguisag said house
arrest for Estrada is favored by President Arroyo, Senate President Aquilino
Pimentel Jr., Speaker Feliciano Belmonte Jr., and Senators-elect Edgardo
Angara, Manuel Villar Jr. and Joker Arroyo.
Meanwhile, the continued stay of the Estradas at the Veterans Memorial
Medical Center in Quezon City was justified yesterday on medical grounds.
Philippine National Police (PNP) chief Director General Leandro Mendoza
said yesterday the Estradas have been at the hospital for a month now because
their place of detention at Fort Sto. Domingo lacks adequate medical equipment
and personnel. Phil. Star, 06/12/2001
SANDIGAN REJECTS HOUSE ARREST FOR ERAP: The Sandiganbayan before dawn
yesterday struck down jailed ex-President Joseph Estrada's and his son
Jinggoy's petition for house arrest, and ordered them returned to their
detention house in Sta. Rosa, Laguna.
"Master or slave, king or subject, prince or pauper, powerful or weak, rich
or poor, no man is above the law," the anti-graft court said in a 14-page
decision heartily applauded by militant groups and received with
resignation by Malacanang.
Citing nine grounds for its decision, the Sandiganbayan's third division,
chaired by Justice Anacleto Badoy Jr., was unanimous and unambiguous in its
declaration that Estrada should not receive any favors.
But the justices also ordered attending physicians to submit a report to
them within 10 days, stating whether Estrada and his son needed to remain
in the Veterans' Memorial Medical Center, where they have been detained for
more than three weeks.
President Macapagal-Arroyo's spokesperson, Rigoberto Tiglao, said the
government respected and would comply with the court order, but added that
Estrada's poor health could enable him to stay in hospital. Doctors say he
suffers from bronchitis, arthritis and other ailments.
Interior Secretary Jose Lina said the police had 10-15 days to implement
the order to return the Estradas to the Laguna detention center--that is,
if Estrada's lawyers do not file any motion for reconsideration.
The Sandiganbayan said there was no basis in the Constitution or in law to
allow Estrada, who is facing capital charges of plunder and graft, to be
held under house arrest.
The court said that under the law, the Estradas should be confined at the
Quezon City jail.
However, it added, Fort Sto. Domingo in Laguna is "the most suitable
detention place for the accused on account of its secured environment."
It said that allowing Estrada and his son to be detained in their mansion
at No. 1 Polk Street in North Greenhills would be "inimical to the national
interest, destroys the tranquility of the neighborhood (and is) an
invitation to greater disturbance." Inquirer, 06/10/2001
SANDIGAN ORDERS ERAP PRESENCE AT BAIL HEARINGS OF CO-ACCUSED
AFP, Inquirer, June 02, 2001
A Special anti-graft court on Friday ordered jailed ex-Philippines president
Joseph Estrada to attend the bail hearings for his co-accused in a corruption
case.
Estrada and his son Jose "Jinggoy" Ejercito, who is jailed alongside him,
must attend the June 18-28 hearings for bail for Edward Serapio, an alleged
frontman of the deposed leader, the anti-graft court said in an order.
Although Estrada and his son have not filed any application for bail, the
court said it would require their presence since legal rules state that
evidence presented in a bail hearing is considered "automatically reproduced
at the trial."
This would prevent the court from having to present the same evidence and
witnesses again in the event that Estrada and his son seek to post bail, the
court said.
Estrada was earlier ordered to appear in court on July 27 to answer charges
that he plundered a personal fortune of $80 million and misstated his assets
in an official document.
The court ruled Friday that if Estrada refused to participate in the bail
hearings, he should be considered as having waived his right to challenge the
evidence in future bail hearings.
Estrada was ousted in a popular revolt in January largely over allegations
that he received bribes from illegal gambling lords. Serapio is alleged to
have set up a charitable foundation to hide these supposed ill-gotten funds.
In April, Estrada, his son and Serapio were arrested on the capital crime of
"plunder" involving the alleged bribes and other supposed offenses. Plunder
is theoretically punishable by death.
SANDIGAN NIXES ERAP BID FOR PRELIMINARY PROBE: The Sandiganbayan yesterday
denied for "lack of merit" a motion by lawyers of former president Joseph
Estrada to have the plunder case against him remanded to the Ombudsman for
preliminary investigation, saying it found "no legal and valid grounds" to
do so.
In a seven-page resolution, the Sandigan's third division said that contrary
to the Estrada lawyers' claim, records of the case showed that a "preliminary
investigation was fully conducted" in the plunder case by the Ombudsman
before the case was filed in court.
The court said Estrada had in fact submitted a counter-affidavit dated
March 20, 2001 in the plunder case.
It said Estrada's co-accused--San Juan Mayor Jinggoy Estrada, Yolanda
Ricaforte and Edward Serapio--also submitted counter-affidavits. The court
noted that the Ombudsman had notified Estrada about which of his alleged acts
constituted the offense of plunder and bribery, and that he had been directed
to file a counter-affidavit and submit "controverting evidence."
Estrada managed to file a counter-affidavit in only one graft case against
him involving the funds of the Government Service Insurance System and the
Social Security System.
That graft case, however, has been withdrawn by government prosecutors who
feared it might have led to the issue of double jeopardy being raised by
the lawyers of Estrada. Inquirer, 06/01/2001