Erap guilty of plunder

The Sandiganbayan Special Division on Wednesday found former president Joseph Estrada guilty beyond reasonable doubt for the crime of plunder but acquitted him for the lesser crime of perjury.

Winding up a six-year trial that the 70-year-old had repeatedly insisted was politically motivated, the anti-graft court ruled that Estrada was guilty of plundering billions of pesos in tobacco excise tax kickbacks and bribes and sentenced him to reclusion perpetua.

"Accordingly accused former president Joseph Estrada is hereby sentenced to suffer the penalty of reclusion perpetua and accessory penalties of civil interdiction during the period of sentence and perpetual absolute disqualification," the decision read.

It added: "The period within accused former president Joseph Ejercito Estrada has been under detention shall be credited to him in full as long as he agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners."

The court, however, acquitted Estrada's co-accused in the plunder case including his son, Sen. Jose "Jinggoy" Estrada, and lawyer Eduardo Serapio.

The court confiscated more than P700 million in Estrada's assets including a foundation set up by Estrada for Muslim scholars, the controversial "Jose Velarde" account that allegedly contained millions of pesos in illegal gambling bribes and the now famous Boracay mansion in New Manila, Quezon City.

Estrada slumped in his chair as the verdict was read and later vowed to appeal.

"I disagree with the findings and conclusions of the court. These conclusions, however, did not come as a surprise to us," he said, urging his supporters to stay calm.

Estrada said the verdict "appeared to be a political move" that came after pressure from his arch-rival and successor, current President Arroyo.

"Against the advice of my friends I submitted myself to the judiciary believing that the case would be tried on its merits," he said.

The court said Estrada will remain detained at his resthouse in Tanay, Rizal "until further orders from this court."

Estrada was charged with plunder, made up of four counts of corruption, involving diversion of funds amounting to about P4 billion ($85 million). He was also charged with perjury.

The charges include taking commissions in the purchase of shares by government insurance funds, payoffs from gambling lords, diverting tobacco taxes for personal use and maintaining a bank account under a false name. The perjury charge relates to misrepresentation on earned income.

The case has marked a bitter chapter in Philippine politics that began when the onetime action hero was ousted from power in 2001, a move which led to violent street protests.

Estrada, hero of the downtrodden during years as a matinee idol, has called the charges trumped up and says he was hounded out of office by a coalition of the elite, including senior army officers, corporate leaders and Catholic bishops.

He said on Tuesday he had twice rejected offers from Mrs. Arroyo to clear his name in exchange for his voluntary exile.

Mrs. Arroyo welcomed the verdict and said the "rule of law" should prevail.

"We have a country to run, an economy to grow and a peace to win. We hope that this sad episode in our history will not permanently distract us from these goals," Press Secretary Ignacio Bunye said.

The financial markets welcomed the verdict. As the expected huge crowds of pro-Estrada protesters failed to materialize, investors discounted political turbulence and drove up the value of the peso as well as listed shares.

"It seems like there was no violent reaction so far so that is why investors are taking advantage of the bargain prices in the market," said Astro del Castillo, director of the Association of Securities Analysts of the Philippines.

"This is one thorn off our back."

The peso strengthened to 46.80 against the dollar from its close of 47.12 on Tuesday. It had fallen more than 1 percent earlier in the week amid uncertainty over the judgment.

The Philippine Stock Exchange index was up 1.37 percent.

"It's victors' justice. It's ruling class justice. The special division (of the court) was programmed to convict. We never had a chance," Estrada's lawyer, Rene Saguisag, said.

Saguisag said the infamous former playboy president would not try to delay his imprisonment.

"He has no intention of seeking special treatment." Estrada will appeal against the verdict to the anti-graft court. The case will also come up for automatic review at the Supreme Court.

Ilocos Sur Gov. Luis "Chavit" Singson, whose allegations led to the impeachment and eventual ouster of Estrada in 2001, both praised and derided the verdict.

"Masaya dahil sa wakas nabigyan tayo ng hustisya at nagtagumpay ang hustisya natin. Malungkot dahil sa ibang nadamay, na nag-iba ang mga buhay nila, iyong mga testigo na natakot (I am happy because at last, we were given justice, justice has prevailed. Sad that so many lives were affected and changed especially the witnesses who were threatened)," he told ABS-CBN.

He said "true justice" in the plunder case against Estrada remains elusive since the former president still enjoys special privileges.

"They say he's being imprisoned when he's not, he's on vacation at his resthouse (in Tanay, Rizal) where he can do whatever he please. He can even go to Hong Kong," he said.

He added that jailing Estrada would serve as a warning for public officials who are guilty of graft and corruption.

Singson earlier accused Estrada of pocketing millions of pesos in illegal gambling and tobacco excise tax kickbacks. His allegations led to the failed impeachment trial against Estrada in December 2000 and eventual ouster in 2001.

Earl Parreno, a Manila-based political analyst, said Estrada's core supporters could yet whip up trouble when he is sent to prison.

"If Estrada will be handcuffed, brought to prison, wearing an orange suit and that is shown on national television, that will have a very big impact on the Filipino people emotionally," he said. "It is the calm before the storm."

Outside the court several hundred people stood in the rain waving flags and banners in support of the deposed leader, who remains hugely popular among much of the nation's disenfranchised.

"That is not the will of the poor. He is my president," cried street vendor Loretta Barrias, 55, as colleagues calmed her down. "He is the people's president, set him free!"

Estrada, who made his name in more than 100 movies over three decades, cultivated an image of the everyday man who spoke in fractured English and was a champion of the poor.

Born Joseph Ejercito to a well-to-do Manila family he dropped out of school in his teens, was thrown out of home by his father and took the name Estrada from a telephone book.

He shot to movie stardom at 24 and in 1998 was elected president by a record margin.

His win was viewed as a turning point in national politics because Estrada was not a member of one of the traditional political dynasties.

But his term in office was marked by reports of policy decisions taken after late-night drinking bouts, millions of pesos won or lost in gambling sessions and innumerable tales of mistresses and their lavish lifestyles.

Estrada has never denied that he was fond of wine or women, but has said that was part of his movie star life, and that he gave it all up when he became president.

source: http://www.abs-cbnnews.com/storypage.aspx?StoryId=92141

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