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QUEZON CITY – Ousted former President Joseph Estrada was found by the Sandiganbayan court Wednesday guilty of plunder and sentenced to life imprisonment. It acquitted him of the perjury charge.
The anti-graft court also ordered the forfeiture of the P542-million worth of Estrada’s bank accounts and the so-called Boracay mansion in New Manila, Quezon city. It allowed the former President to remain in his Tanay resthouse “until further notice.”
The same court acquitted Sen. Jinggoy Estrada and lawyer Edward Serapio of plunder charges. Charges against others involved in the case are still pending.
Reacting to the verdict, Estrada said the verdict was a “political decision” even as he cited the fact that the people in a recent survey claimed he was innocent of the charges.
The Sandiganbayan agreed to consider the 70-year-old ousted President’s six-year detention as time served as long as “he agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners.”
To be forfeited to the government are the P200-million deposited under the account of the Erap Muslim Youth Foundation, P189 million worth of Jose Velarde accounts including interest and income earned and the so-called Boracay Mansion.
“As expected, this Special Division was created to convict me,” Estrada told journalists as he was led out of the courtroom. “What is important is the support of the people, and they have overwhelmingly acquitted me.”
The former president said he agreed to submit himself to the court and face the charges filed against him because the Sandiganbayan is the “only forum” where he could tell his side of the story.
Riot police and troops kept hundreds of flag-waving Estrada backers several blocks from the Sandiganbayan, the anti-graft court that the former action film star inaugurated before he was ousted in January 2001 by the country’s second “people power” revolt.
Republic Act 7080 imposes a penalty of ‘reclusion perpetua" for the crime of plunder, meaning imprisonment ranging from 20 years and one day to 40 years, ‘with civil interdiction of marital authority and of disposal of property, and perpetual absolute disqualification from public office or profession."
Estrada was accused of receiving P545-million protection money from gambling operators; diverting P130-million tobacco excise tax share of Ilocos Sur; receiving P189.7-million kickback from Belle Corp. for GSIS, SSS purchase of P1.8-billion worth of shares of stocks and maintaining P3.23-billion “Jose Velarde” account with Equitable-PCIBank Binondo, Manila branch He was also charged with perjury or violation of Article 183, Revised Penal Code for alleged false declaration of his 1999 Statement of Assets, Liabilities and Net Worth.
Still to be tried are Estrada’s co-accused Yolanda Ricaforte, Jaime Dichaves, Alma Alfaro, Eleuterio Tan and Delia Rajas who are all at large.
The plunder trial started on October 1, 2001, a little more than five months after Estrada was arrested in April 25 that same year.
At least 71 prosecution witnesses were presented throughout the Estrada plunder trial which include Juetenggate whistleblower and Ilocos Sur Gov. Luis “Chavit” Singson, who testified between July and September 2002; star witness Clarissa Ocampo, who testified in November 2002 and bank officials.
Another co-accused, Atong Ang who turned state witness was sentenced to a short term in jail.
MANILA – Special Prosecutor Dennis Villa-Ignacio said the prosecution team is confident that Estrada will be convicted and Rene Saguisag, co-lead counsel for Estrada, said the defense panel is resigned to a verdict of conviction.
He said the three justices of the Sandiganbayan Special Division are bound by the pronouncements of the Supreme Court which have supposedly rendered virtually nil any chance of an acquittal.
“The alignment of the stars is against us. Joseph Estrada’s fate was decided on January 20, 2001 when an overwhelming majority of the members of the Supreme Court went to EDSA to swear in Mrs. Arroyo into office," he said.
“The entire system is against us, the Supreme Court, the administration, the special division. The Supreme Court has already declared that President Estrada is an evil person; we don’t expect a lower court to tell the SC that it was wrong. Still, we are hoping against hope that the justices will see this case the way we see it," Saguisag added.
He said despite his predicament, Estrada is buoyed by the continued support of the masses and his family.
Earlier, Malacanang has indicated that President Arroyo is inclined to pardon Estrada if he is convicted.
This came as a survey conducted by the Social Weather Stations said majority of Filipinos have more trust on Estrada than Arroyo and that they believe the former president was not guilty of plunder.
The police, meanwhile, massed its forces for any eventuality in metro Manila and throughout the country should the court convict Estrada and his supporters stage violent demonstrations in reaction to the verdict.
National Security Adviser Norberto Gonzales and Interior Secretary Ronaldo Puno have said have hinted at a possible pardon saying the President is eager to seek greater national reconciliation.
“Our only consolation is that every survey shows that the people believe in Erap’s innocence.
That’s our vindication," Saguisag said.
The graft court issued an order to PNP chief Oscar Calderon to produce Estrada, 70, in court at 9 a.m. of Sept. 12.
Estrada faces life imprisonment if found guilty. The government fears the masses could riot in Manila.
Estrada maintains he is innocent on charges of taking gambling payoffs, tobacco tax kickbacks and unreported income from hidden businesses.
“I am confident that I will be acquitted if the court would only base their decision on the merits of the case," he told Reuters in a phone interview Sept. 7 from his Tanay rest house where he is detained.
“They have failed to present any strong evidence to support these fabricated charges."
Presiding Justice Teresita de Castro and Associate Justices Francisco Villaruz Jr. and Diosdado Peralta completed hearings in the six-year case last June.
State prosecutors submitted 626 pages of case summaries based on the testimony of 76 witnesses and documentary evidence.
Estrada’s lawyers presented 276 pages of summaries from about 80 witnesses.
Estrada took the witness stand 11 times from March to June 2006.
In March, Charlie “Atong” Ang, a close associate of Estrada, pleaded guilty to diverting P130 million of tobacco excise taxes and was sentenced to at least two years and four months in jail.
“We have not contemplated that scenario of an acquittal,” said Villa-Ignacio.
Villa-Ignacio even displayed on a stand beside his office desk a caricature of him in a boxer’s stance, standing over the fallen figure of Estrada inside a boxing ring.
He said the picture was a birthday gift from his students at the Ateneo Law School, who he said share his confidence of a guilty verdict.
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