Estrada indicted for plunder

Ombudsman Aniano Desierto filed yesterday before the Sandiganbayan eight criminal charges, including the capital offense of plunder, against ousted President Joseph Estrada.

The once immensely popular leader branded the accusations as "fabricated," adding he does not expect to get a fair trial.

Estrada’s co-accused in the plunder case are his son San Juan Mayor Jinggoy Estrada, gambling consultant Charlie "Atong" Ang, former presidential lawyer Eduardo Serapio, Estrada’s personal auditor Yolanda Ricaforte, two of Ang’s cohorts identified as Alma Alfaro and Elueterio Tan, and still unidentified persons.

Desierto said four more plunder charges were being investigated by his office for possible filing against former Executive Secretary Ronaldo Zamora, his brother Manny Zamora, and Luis Virata in connection with an anomalous P2.4-billion coastal road project.

The charges stemmed from allegations that Estrada used his office and influence to amass ill-gotten wealth amounting to P4 billion through a combination or series of overt and criminal acts.

Estrada was accused of pocketing bribe money from jueteng operators totaling P545 million, embezzling P130 million in tobacco excise tax meant for Ilocos Sur, compelling the state-run Government Service Insurance System and the Social Security System to buy Belle Corp. shares for a commission of P189 million, and other criminal acts from which he allegedly earned P3.233 billion which was kept in a secret bank account using a fictitious name.

Loi also sued for receiving P20-M in tax fund

Former First Lady Dr. Luisa "Loi" Ejercito, now a senatorial candidate of the opposition coalition Puwersa ng Masa-Laban ng Demokratikong Pilipino (PnM-LDP), was also sued for allegedly receiving P20 million of the P130-million excise tax meant for Ilocos tobacco farmers.

Cited as her co-accused were Ang, Alfaro, Tan and a certain Delia Rajas who were tagged by Singson as accomplices in diverting the P130 million in excise tobacco tax to Estrada.

Other cases filed covered indirect bribery against former Presidential Legislative Liaison Office head Jose Jaime Policarpio Jr., malversation against Antonio Gundran of Ilocos Sur in connection with the tobacco excise tax scandal, falsification of public documents against Deogracias Savellano, Gundran, Carolyn Pilar, Erlita Arce, Enrie Mendoza, Leonila Tadena, Estrella Mercurio, Dionisia Pizarro and Cornelio Almaza, all officials of the Ilocos Sur provincial government, and businessman Nuccio Saverio, for preparing spurious documents meant to conceal the misappropriation of the tax funds.

However, Singson, who ordered the diversion of the funds, was let off the hook and granted immunity in exchange for turning state witness.

"We approved the immunity to Singson because it was him who reported these irregularities to proper authorities. It is our observation that without his testimony, these cases would not have been filed. His testimony is very important," Desierto said.

The 94-page resolution submitted by the Ombudsman probe team headed by Overall Deputy Ombudsman Margarito Gervacio Jr. said Singson was a "very credible witness" against Estrada.

"It takes one great sinner to catch a greater sinner. Singson will do just that as he promised. This is both a challenge facing him and a given opportunity to redeem himself before God," the resolution stated.

He also said Senators John Osmeña and Tessie Aquino-Oreta, who admitted earlier having received P1 million each from Singson, were cleared by the five-member Ombudsman investigating panel of any liability, saying they did not know that the money came from jueteng.

Former Budget Secretary Benjamin Diokno, Estrada’s brother-in-law Raul de Guman, University of the Philippines professors Mila Reforma and Danilo Reyes, and Ilocos Sur employees Marina Atendido and Maricar Paz were also given cleared of the charges for lack of evidence.

The filing of the charges came on the heels of a unanimous Supreme Court (SC) decision declaring that Estrada has permanently lost the presidency, and with it his immunity from criminal suits.

"This only means that the administration of justice in this country is working. We will not file these cases if we are not convinced that the evidence against them is strong. We have filed eight criminal information and three other cases against other persons," Desierto told reporters during a press briefing.

Voting 13-O, the High Tribunal ruled with finality that Estrada has lost his mandate to govern, in effect affirming the legality of the Arroyo administration which took over after he left Malacañang on Jan. 20.

The Ombudsman said Estrada was also charged with violation of the anti-graft law, illegal use of an alias, illegal gambling and infraction of the law on ethical standards.

Legal and political observers said that although plunder, described as a "systematic" looting of the national coffers, is unbailable and carries the death penalty, it is unlikely that Estrada will be meted the maximum penalty of death.

Theft is considered plunder if the amount exceeds P50 million.

Allegations that Estrada pocketed more than P400 million in bribes from jueteng operators, skimmed tobacco excise tax and was behind a stock price manipulation, triggered a six-week impeachment trial that abruptly ended after the prosecution panel walked out in protest against a Senate vote to disallow potentially damning evidence.

The controversial vote not to open bank records also precipitated a military-backed popular uprising dubbed "people power II" that unseated the 63-year-old former movie actor.

However, he petitioned the SC to declare him the duly elected president, saying he never resigned and that Arroyo was serving in acting capacity.

On March 2, the High Court initially rejected Estrada’s petition, but his lawyers led by former Sen. Rene Saguisag filed two motions for reconsideration asking the SC to reverse its decision.

The court in the meantime directed the Ombudsman to defer the filing of the cases as it decided on the twin petitions.

Senate President Aquilino Pimentel Jr. later opened the envelope submitted by the Equitable PCI Bank to the impeachment tribunal to reveal bank transactions of a deposit under the name Jose Velarde.

Equitable PCI senior vice president Clarissa Ocampo testified during the impeachment hearings that she personally witnessed Estrada sign the bank records as Jose Velarde.

Prosecutors in the impeachment trial had claimed that Estrada used at least six false names to stash ill-gotten wealth in about 15 secret accounts.

Estrada is also accused of perjury in misdeclaring his assets at only P35 million for the year 1999.

Desierto said he has at least 35 witnesses to substantiate the charges against Estrada.

Estrada hits back at Arroyo government

Reacting to the filing of the charges, Estrada said "there is no more rule of law in this country."

"The decision was an affirmation of mob rule and a birthday gift to Mrs. Arroyo by the Supreme Court," Estrada said in a statement.

He claimed the Ombudsman resolution "validated a pattern of injustices committed by the mob, backed by some of the country’s elite, prelates and leftists who (arrogated) power to themselves and swept Gloria Macapagal-Arroyo into power."

He said he has already been convicted through publicity. "So how do you expect to get a fair trial under this administration?"

He added, however, that he is studying all legal means to fight the cases.

"I have to exhaust all legal remedies and if the charges are filed, I will face those charges," he said.

"I was denied due process in the Senate Blue Ribbon Committee investigation, in the impeachment trial and now the Supreme Court," Estrada said.

He said he was leaving his fate to God and to the people, adding that the SC deliberately skirted some of the important issues raised by his lawyers on the legality of Mrs. Arroyo’s takeover.

"There was no vacancy in the presidency that time and the High Tribunal, in its affirmative resolution, again gave weight to the so-called Angara diary that existed only in the media, in violation of the rules on evidence," Estrada said.

Expressing frustration over the resolution which he called one-sided, Estrada said he has been left with no choice but to go directly to the people for final judgment.

Saguisag also criticized the SC decision saying it was inconsistent with previous legal precedents.

"As of now, this is an outlaw government that we have," Saguisag said.