SC rules plunder law constitutional

The Supreme Court dealt a serious blow yesterday to jailed former President Joseph Estrada’s legal defense, ruling that the plunder law he is accused of violating is constitutional.

Voting 10-4 with one abstention, SC justices struck down the deposed leader’s petition, which would have allowed him to be released from detention.

"The Supreme Court said the law is constitutional, no question about it," court spokesman Ishmael Khan said.

In a 33-page decision penned by Senior Justice Josue Bellosillo, the SC ruled that the vagueness claimed by the defense was "more imagined than real."

"It will take more than nit-picking to overturn the well-entrenched presumption of validity of the law," the justices said.

They also pointed out that Estrada cannot invoke ignorance of a law which he helped enact as a senator in 1992.

Those who voted to uphold constitutionality of Republic Act 7080 were Chief Justice Hilario Davide, Justices Bellosillo, Reynato Puno, Jose Melo, Jose Vitug, Vicente Mendoza, Artemio Panganiban Leonardo Quisumbing, Arturo Buena and Sabino de Leon.

Justices who voted to strike down the plunder law were Bernardo Pardo, Consuelo Ynares-Santiago, Angelina Sandoval-Gutierrez and Santiago Kapunan. Of the four, only Kapunan is not an Estrada appointee.

The lone abstention came from Justice Antonio Carpio, who was among the first complainants in the plunder case filed against the former leader.

With the decision, the trial of Estrada before the Sandiganbayan can proceed without delay.

Estrada lawyer Raymund Fortun said they have to receive a copy of the ruling first before deciding on what course of action to take.

"There may be something in the decision that is favorable to us., like the amount of evidence that would be required for a conviction," he said.

Estrada, jailed in April for economic plunder, had contended the Anti-Plunder Law was too vague, depriving him of his constitutional right to know clearly the charges against him and prepare an adequate defense.

Prosecutors said Estrada has been raising all imaginable technical impediments to fight conviction, stressing the former film actor championed the plunder law as a senator in the 1990s.

Before the ruling was issued, Estrada had expressed confidence the SC would strike down the plunder law.

"We are praying and hoping there still exists the rule of law and not the rule of civil society," Estrada said during a break in his plunder trial at the Sandiganbayan in Quezon City yesterday. "Based on the transcripts of arguments by the lawyers, we are all impressed that they were able to prove the plunder law is vague."

Estrada said he fully respects the constitutional process, but his enemies are using the threat of civil society to influence how the courts would decide.

"The judiciary is the last bulwark of democracy," he said. "It should not be threatened by civil society."

He also denied newspaper reports his camp had set up a multimillion-peso fund to bribe justices to vote in favor of his petition.

"There is no pressure from our side, whatsoever," Estrada said.

Estrada was brought under heavy police guard yesterday to the anti-graft court for the resumption of hearings over accusations that he amassed P4 billion in payoffs from gambling operators, tobacco tax kickbacks and questionable government investments. His son Jinggoy, who faces similar charges, failed to attend yesterday’s hearing because of the flu.

On the seventh day of the trial, defense lawyers continued to grill former Social Security System (SSS) president Carlos Arellano over his affidavit implicating Estrada in the questionable purchase of shares of a publicly-listed gaming firm.

Presidential Spokesman Rigoberto Tiglao, who is with the President in the US, said in a phone interview yesterday that Mrs. Arroyo denied pressuring the SC, saying she would never interfere with a decision in the Estrada plunder case or any case for that matter.

"That’s absolutely a no-no, for the administration to interfere with any branch of government," he said.

P500-M bribe?

A militant group had accused the Estrada camp of using some P500 million to bribe SC justices into declaring the plunder law unconstitutional.

Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) national chairman Rodolfo Sambajon claimed the money is part of the fund intended for the power grab that culminated in the failed siege of Malacañang on May 1.

Sambajon said the Estrada camp is also using the money to mobilize thousands of supporters to hold rallies pressing for the junking of the plunder law as well as to get political leverage and concessions from government officials.

Estrada brushed aside the charges, saying he doesn’t even have enough money to pay for his lawyers.

Supporters of the jailed leader rallied outside the SC yesterday prior to the ruling. Rumors have circulated in recent weeks over a possible close vote among the 15 justices.

Several militant groups, which helped oust Estrada in January with mass protests over allegations of massive corruption, announced they will also demonstrate at the SC.

"We must go back to the streets because the president we threw out of power may get away," said Romy Abaya, leader of the anti-Estrada coalition Plunder Watch.

Two truckloads of riot police helped secure the SC building as about 100 rowdy Estrada supporters, many wearing red shirts marked "Plunder Unconstitutional," showed up for a rally, setting off a traffic jam on Taft Ave. and Padre Faura, Manila. Police later drove them away and blockaded roads leading to the SC with firetrucks.

The Partido ng Masang Pilipino (PMP), the political party of the jailed leader, had also urged the public to join the call to let the SC decide on the plunder law without pressure from any group.

PMP spokesman Jose Crispin Remulla also denounced Plunder Watch over its threat to mount massive street protests in case the High court visited to thumb down the law’s constitutionality.

"Plunder Watch’s threat to destabilize the serenity of the SC with protest actions smacks of terrorism in the guise of people power," Remulla said.

Earlier, Plunder Watch lawyer Leonard de Vera said justices voting against the constitutionality of the plunder law were probably bribed by the opposition.

"For a lawyer like Mr. De Vera to sully the integrity of our magistrates by claiming they can be bribed is the height of arrogance and an insult to the legal profession," Remulla said. – With Sandy Araneta, Mayen Jaymalin, wire reports