Prosecution: We proved our case
Defense: Prosecution had no case
by Peter Tabingo
The six-year trial on perjury and plunder charges against President Joseph Estrada formally ended yesterday with the conclusion of the oral summation by the prosecution and the defense.
Presiding Justice and Special Division chair Teresita Leonardo-De Castro declared the cases submitted for resolution. The decision, under the law, must be promulgated within 90 days.
Estrada arrived at the Sandiganbayan at 9 a.m. He was with his wife, Sen. Loi Estrada, San Juan Mayor Joseph Victor Ejercito and daughter Jackie Ejercito-Lopez.
He was greeted with applause when he entered the courtroom.
De Castro gave chief special prosecutor Dennis Villa-Ignacio one-and-a-half hours for his closing arguments while each of the counsels for Estrada, his son Sen. Jose “Jinggoy” Estrada and lawyer Edward Serapio were allotted one hour each to make their summations.
Villa-Ignacio said the defense’s 276-page memorandum “was quite long on legalese and discussions on issues already moot, but is short and barren of supporting evidence.”
He said “no amount of legal jargon and dramatics can overcome the overwhelming evidence on record showing with absolute certainty the guilt of the accused.”
Villa-Ignacio admitted the prosecution principal witness Luis “Chavit” Singson had an axe to grind against Estrada but said this did not affect his credibility.
“The defense ascribes ill motive on the part of Gov. Singson. Motive is immaterial (as) Singson himself admitted his reasons for his exposé, that there was attempt on his life under the pretense of a minor traffic violation,” he said.
The prosecution emphasized that key items in Singson’s testimonies were not rebutted by the defense, including how a check for P8 million from Singson found its way to Estrada’s joint account with Sen. Loi Estrada and another P1.2 million check ended up with former movie actress Laarni Enriquez.
Likewise unexplained, the prosecution noted, was the ledger produced by plunder co-accused Yolanda Ricaforte, containing names of personalities who received money from jueteng payola.
Villa-Ignacio said Estrada cannot deny his link to Ricaforte, who remains at large.
Singson tagged Ricaforte as Estrada’s “auditor’” of funds collected from jueteng operators.
He also called attention to the admission by Estrada and Jinggoy that they knew (Rodolfo) Bong Pineda and that in fact Pineda was a “kumpadre” of Estrada.
He noted that defense witness, former Philippine Amusement and Gaming Corp. chair Alice Reyes, testified that she met with jueteng operators about the launch of Bingo 2-Ball and in that meeting, it was Pineda who acted as spokesman for the group.
As final proof, Villa-Ignacio highlighted the P200 million jueteng money that ended up in the Erap Muslim Youth Foundation which he said was all that was left of the more than P500 million illegal gambling payola collected by Estrada.
On the subject of the P130 million tobacco excise funds that Singson claimed to have delivered to Estrada through Charlie “Atong” Ang, a co-accused, Villa-Ignacio said that without instructions from Estrada, Singson would not have handed the funds to Ang who was his rival for Estrada’s favor and with whom he had no previous close association.
The prosecution again traced the paper trail of the P130 million from the time Estrada wrote a marginal note to then Budget Secretary Benjamin Diokno that led to the release of the tobacco funds for Ilocos Sur province, to the various bank transfers, until the withdrawal from Land Bank and Westmont Bank and the supposed delivery of the money to Estrada’s house.
As regards the P189.7 million allegedly paid to Estrada as commission from the purchase of Belle Corp. shares by the Social Security System and the Government Service Insurance System, the prosecution argued that the defense cannot believably use Jaime Dichaves, a former director of Belle Corp., as scapegoat.
“Did Jaime Dichaves possess so much sway, power and influence so as to cause SSS and GSIS to do what they did?” the prosecution said.
Villa-Ignacio pointed out that Estrada admitted calling SSS chief Carlos Arellano and GSIS president Federico Pascual several times to be updated about the purchase of Belle shares.
Bank documents showed the money went into the “Jose Velarde” account at the Equitable-PCI Bank, deposits that defense lawyers claimed were owned by Dichaves contrary to prosecution claims that Estrada was the real account holder.
Villa-Ignacio said Dichaves was merely a “handler” for Estrada but evidence showed the money in the bank account belonged to the former president.
Estrada was calm for the entire one-and-a-half hour that Villa-Ignacio recited a litany of the offenses he was accused of.
But his face turned red when Villa-Ignacio said that the prosecution might be willing to stipulate that the money in the Jose Velarde account contained only P2.1 billion and not P3.2 billion if the defense in return would concede that Estrada “stole only P2.1 billion and not P3.2 billion.”
In concluding, Villa-Ignacio said Estrada’s conviction would be an emphatic statement against corruption on the part of the court and that the law does not make distinction regardless of the offenders’ social standing or position in government.
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FORMER Justice Secretary Estelito Mendoza and Jose Flaminiano, counsel for former President Joseph Estrada, yesterday attacked the validity of the plunder indictment against Estrada noting that the prosecution went outside the letter of R.A. 7080 or the Anti-Plunder Law when it amended the original information.
In their summation, the defense lawyers said the government’s claim of “overlapping conspiracy” was not recognized in law and jurisprudence.
They argued that R.A. 7080 only recognized “a series or combination of covert acts” that enabled the accused to amass ill-gotten wealth amounting to P50 million or more.
They explained that the allegations of involvement in jueteng, illegal diversion of tobacco excise tax funds, kickbacks from Belle Corp. purchases by the SSS and GSIS and the supposed concealment of funds in the Jose Velarde account involved different conspirators.
“Technically, the amended information does not charge plunder but four different offenses. Maybe malversation and graft maybe, but not plunder,” Mendoza said.
The defense also underscored the reenactment of the supposed delivery by Gov. Luis “Chavit” Singson and Charlie “Atong” Ang of P130 million to Estrada’s residence in North Greenhills which showed that one person could not have physically carried that amount.
Former Sen. Rene Saguisag, another member of the defense panel, noted that it would have taken 13 to 26 boxes to bring the money depending on the denominations of bills that was used.
Mendoza added that Estrada’s phone calls to SSS chief Carlos Arellano and GSIS president Federico Pascual did not constitute “pressure to buy” as insinuated by the prosecution.
“Evidence did not show compulsion. Maybe suggestion, even interest, but certainly not compulsion. Pressure should bear the character of being irresistible,” he argued.
On the question of ownership of the Jose Velarde account, Mendoza pointed out that the strongest evidence in their favor was the fact that it was Jaime Dichaves who closed the bank account based on bank records they submitted.
The prosecution waived a chance at making rebuttal arguments when the proceedings were cut short when the members of the court declared that they also had no questions for clarification.
Estrada told reporters after the hearing that he expects a full acquittal.
“I’m confident that I will be acquitted. I submitted myself to the court because I believe that there was no way for me to vindicate myself other than to go through a trial after the impeachment ended. I was not sure I would get a fair trial but I needed to go through it,” he said.
The packed courtroom was predominantly pro-Estrada.
Raymundo Julio Olaguer, who made the summation in the perjury case, was booed when he paraphrased “Honesty is the best policy” towards the end of his remarks.
In contrast, people laughed when Mendoza joked that it was Singson who, by his admission, collected and amassed jueteng money and manufactured bogus documents to cover up the malversation of tobacco excise tax funds but it was Estrada who spent years in jail.
Mendoza also poked fun at the questions on President Arroyo’s victory in the 2004 presidential polls, drawing snickers when he pointed out that Estrada’s win in 1998 was beyond doubt since not only did he get more than double the vote of his closest rival, Jose de Venecia Jr., but also because “there were no Garcillanos in the Comelec back then.”
In challenging Singson’s credibility as a star witness for the prosecution, Mendoza noted that while chief special prosecutor Dennis Villa-Ignacio described the testimony as having “utmost integrity and utmost credibility,” voters did not consider Singson an “utmost” candidate for senator because he landed at No. 24.
Photo captions:
1. Souvenir photo of the Sandiganbayan special court on Estrada’s plunder case
2. Estrada and head of the prosecution panel Atty. Dennis Villa Ignacio. On the left is Ferdie Ramos, Estrada’s public relations guy.
3. Former First Lady Loi Estrada marching out after the trial with the former president. Aside from Loi, other family members with Estrada were daughter Jackie Lopez and son, JV Ejercito, San Juan mayor.Behind Loi is RC Constantino. Guy in suit is Congress-elect Rufus Rodriguez of the second district of Cagayan de Oro City.
I don’t think Erap was committing plunder. Bribery pa as what Singson was trying to do offering him big money. Dito iyan, Ellen, pati si Singson, ikukulong, for over here, our courts do no accept any plea bargaining. Being honest and true to facts are the criteria over here of less harsh judgment. Sa Pilipinas, the court tolerate the presence and presentation of false witnesses. It’s perjury.
Singson, in fact, should be charged with bribery, perjury, and other crimes together with the Pidals.
Right, Yuko. It ain’t plunder. And that’s what his lawyers also said. You can’t pin Erap with the uncorroborated testimony of Liar Par Excellance Chavit.
At the worst, what he could have only committed is BLUNDER!
Here’s Erap defense on plunder as published in the Manila Times:
http://www.manilatimes.net/national/2006/dec/11/yehey/opinion/
Golly, Tongue T, it is obvious that Singson is definitely into this bribery, and Erap himself in fact has been so honest to even admit that he could have received such money but not for himself! One thing that I actually thought he could have been careful when crooks like Singson would offer them “donations” to this and that project for the Ejercitos have a lot of those charities they were doing on behalf of the poor that Erap in fact wanted to save from poverty during his 6-year term.
I actually opposed the presidential candidacy of Erap on moral grounds because of my religious beliefs. I have written of how God has warned time and time again of denying His blessings on states/nations led by adulterers, fornicators, murderersl, etc. and why in fact I don’t believe likewise that the criminal running the country like hell presently is telling the truth either when she claims some economic stride, or when they claim success in providing jobs to Filipinos they traffic overseas and even force to steal jobs from the people of countries they send to as what the people of Thailand for instance now complain about!
However, when I saw that the guy was sincere in trying to find ways and means to help alleviate the poverty especially of those who voted for him because they thought he was in fact their salvation, and somehow I would not blame his families (plural intended) getting this and that offer of bribe to get near him and get some favor (which was his fault that has caused him to be victimized by the people who trapped him), but that these bribers should be behind bars as well.
If they are going to put Erap behind bars for the rest of his life, they should also put the unano, her husband, son and other cohorts behind bars because they actually have committed more crimes against the Filipino people, and we don’t even hear them sharing their loots with the people of the Philippines. At least, in the case of Erap, we know he did a Robin Hood!!!
I should add: Then and only then I can say that justice in the Philippines is fair. Otherwise, it is justice only for the rich and switik!!! Saan ka naman nakakita ng mga abogadong nagtuturo na magsinungaling ang mga kliyente nila?
Frankly, Tongue T., dito, I still will have to meet a lawyer who tells his client to commit perjury and get away with it, for here, perjury is a serious crime. Over in the Philippines is more a tactic used by mostlawyers there, and why justice is not served well, and why majority of lawyers there you bet will go to hell!!!
Yes, Tongue T, it is more BLUNDER than PLUNDER and I am told of how Erap was offered to give the presidency on a silver plate to the unano to get off the hook but he declined and thought he would fight his case to the hilt believing still that he could expect to get justice in that creepy court of the Philippines with a president who is in fact a criminal!
Tongue, please check your email.
Chabeli, please check e mail.
Dapat lang na maabswelto si president erap dahil twala ako na wala siyang kasalanan. nagaw lang sa kanya ang kapangyarihan. Si chavit ang dapat makulong marami pa rin kaming nagmamahal kay pres.erap. Kaya natalo ang mga tuta ni gma ng dahil kay erap. kaya dapat lang na palayain na siya
mlm18,
Ang kasalanan ni Erap ay masyado siyang nagtiwala doon sa mga taong nasa paligid niya. Hindi niya alam na tinataga na pala siya sa likod.
Sa isang banda, tama ka na hindi siya kasing sakim ng nakaupo ngayon. Naive? Very! Isa ako sa mga nanghinayang nang maagawan siya ng puwesto. May project pa naman kami sa kaniya sa totoo lang. Inuuna lang namin muna iyong kaso ng isang hapon noon na nakakulong ng wala namang kasalanan. Pagkatapos noon ang balak namin ay tulungan siya sa pagpapaaral sa mga batang lansangan. Noong una gusto pa nga niyang doon kami makipagtulungan kay unano dahil nga si unano ang SWD chief pero nagreklamo ako sa kaniya kaya sabi niya noon ay siya na ang mag-aasikaso. Binigay pa nga niya ang address nila sa San Juan, at iyong secretary niyang si Florendo ba iyon? Doon ako unti-unting nagkaroon ng paghanga sa kaniya. Sayang nga at hindi natuloy dahil sa EDSA 2.
Sa totoo lang ay problema iyong mga taong lumalapit sa kanila at nagte-tempt sa kanila ng asawa niya noon na gumawa ng hindi maganda. On their part, ang problema niya ay hindi nila kinikilatis ang mga taong nagsasamantala sa kanila. Ganoon ang naging problema ni Erap at maging ng Misis niya.
Hindi ko kilala si Erap bilang artista dahil wala naman akong napanood na pelikula niya. Ang napanood ko lang ay iyong triple x na pelikula niyang “To Live for the Masses.” Taka nga ako nang marinig ko siyang mag-ingles. Iyong pala Atenean pala siya. Di hamak naman na mas magaling siyang mag-ingles kesa kay unano at kung sa nilalaman ng speeches ay di hamak namang galing sa puso niya ang karamihang sinasabi niya para sa mga kababayan niya.
The plunder case was only a maneuver to keep Pres Estrada in rein during the reign of GMA.
If Estratda comes out clean, what. There will always be the power cleavage no matter what is the outcome of the court decision. There will never be unification. To end the Mother of all these problems, a plebiscite shall be conducted during the barangay election and the people will decide if the voice on the Garci tape is that of GMA.
dapat lang n matapos n kc matgal n rin ang six yrs atsaka kung gsto tlga ng pangulo n pagkakaisa heto n cgro ang tamang pagkakataon.
Remider lang mlm: don’t capitalize your comments. Sentence case lang. Take note, pinalitan ko yung comments mo into sentence case.Thanks.
Yuko, I attended two of my nieces’ graduation party last night(one graduated as Cum Laude from UCLA and the other graduated valedictorian from high school-sisters) and jokes went around on Erap’s grammar etc… I defended him! The few times I spoke with Erap face to face, he always conversed with me in English and I never heard him make a mistake in English! Also, I was not an avid fan of this man before but when I talked to him, I felt his sincerity and he has a big heart for the poor! If only we can turn back the hands of time, maybe the people would be kinder to him. I think his biggest mistake was trusting the people around him who turned out to be Judases!
Between sabit singson and Erap, NO COMPARISON AT ALL! It is like heaven and hell. Sabit being the latter. In the elections, he never got up the polls over the 20th position! The court may be presiding over Erap’s case but the more powerful verdict came out in the May elections, SABIT is hated by the people and Erap’s candidates won, an indication that although Erap may no longer be re-installed to presidency, the people may want him free this time around. I hope he will be!
Kung kay Erap, SHADY DEALS
Para dun naman sa mga nagtaguyod ng interes ng nagpabagsak kay Erap, ang tawag lang ay “SCANDAL”
May nagsabi pa na si Erap daw ay dahilan ng Chinese conspiracy sa bansa.
Pero ngayon, sino ang nagtulak para magkaroon ng kontrata sa ZTE-National Broadband Network?
Mula sa $330M ay magiging pasan ito ng susunod pang henerasyon.
Isang linggo matapos mag-isyu si GMA tungkol sa “Incorporation with China’s Economy” , naglabasan sa Dailies ang mga advertisement sa Mandarin/Chinese courses para sa mga nagtuturo ng Foreign Language.
Nasaan ngayon ang chinese conspiracy?
Pilipino!Sana maalimpungatan ka naman!