By Raul Pangalangan
Inquirer
The public response to the conviction of former president Joseph Estrada has been mixed because the issue that was decided by a court of law–namely, whether Erap was guilty or innocent–is inextricably bound up with an issue that can only be decided in the court of public opinion: whether we have treated the man fairly by prosecuting him while letting innumerable malevolent Malacañang allies get away scot free.
These are two separate and distinct discourses, each guided by a different set of rules. We confuse ourselves when we shuttle back and forth unconsciously, using the same term–justice–as if it meant the same thing in both contexts.
A court answers only the questions that it is asked. The Sandiganbayan is a criminal court, and was asked only whether the prosecution was able to establish guilt beyond a reasonable doubt. The Sandiganbayan gives “justice” by rendering a decision, to quote from its Estrada verdict, “upon no other consideration other than the law and a review of the evidence on record.” It wasn’t asked–and it didn’t answer–whether it was fair that Malacañang’s friends are presumed to be innocent even as everybody and his mother know that they are guilty, while Malacañang’s foes suffer the full brunt of the law.
The list of un-indicted culprits gets longer by the day. Barely four days after Edsa II, the new government hastily signs a controversial $470-million hydroelectric power plant, and turns it over to the Argentine firm Impsa. Has anyone been indicted?
In 2002, the Senate blue ribbon committee looks into the Diosdado Macapagal Avenue, supposedly the most expensive roadway–5.1 kilometers costing P1.1 billion–built at an alleged overprice of P600 million. Has anyone been indicted?
In 2003, the Supreme Court nullifies the Piatco concession agreement to build a new airport amid allegations of massive payoffs. Has anyone been indicted? So bribes truly were given and taken, but there are no bribe-givers nor -takers around who can be charged?
Before the 2004 elections, the Supreme Court strikes down the P1.3-billion Comelec computerization contract with the MegaPacific consortium. The Court issues a direct order to the Office of the Ombudsman to file graft charges against the erring Comelec officers. The Ombudsman drags its feet. The Kilosbayan had to file a petition before the Court to compel the Ombudsman to comply, which it does belatedly, and only half-heartedly.
During the 2004 elections, we learn that fertilizer funds had been diverted to GMA’s campaign. Marilyn Esperat, the journalist who exposed the scam, was murdered in cold blood, in front of her own children. The gunmen have been convicted, but the charges implicating agriculture undersecretary Joc-Joc Bolante remain frozen. Why? Because the moment he is charged, he can be extradited from his sanctuary in the United States.
Just the other day, the Supreme Court issued a temporary restraining order to stop the controversial $329-million broadband deal given to ZTE Corp. of China. Yet President Macapagal-Arroyo affirmed the next day that she would honor all contracts entered into by the government, citing the familiar refrain about the rule of law.
The trouble with the plunder conviction, therefore, is not that the Sandiganbayan was “a kangaroo court,” as Erap charges. Apart from conspiracy theorists who conjure backdoor negotiations, the verdict shows that the Sandiganbayan relied upon facts proven before it on all the four charges filed against Erap.
Erap was convicted on only two of the charges, and cleared on the two others. He was found guilty on the first charge that he received P545 million in jueteng payoffs, and on the third, that he told the two pensions funds, GSIS and SSS, to buy corporate shares worth P1.847 billion and pocketed almost P190 million in commissions which he deposited in the Jose Velarde account in Equitable-PCI Bank. He was acquitted on the second charge that he diverted P130 million of a total collection of P200 million of the tobacco excise tax allocated for Ilocos Sur (the court called the prosecution evidence “farfetched” and “incredible”), and on the fourth, that the rest of the P3.233 billion in the Jose Velarde account was ill-gotten.
What makes the conviction political, rather, is that, in all the past corruption scandals in which no one has been charged, what all those lucky bastards have in common is that they are within the “circle of trust” of the powers in Malacañang. It is the partisanship in choosing who will be and who will not be prosecuted that taints the verdict.
The players in Wednesday’s hearing paid homage to politics in ways merely “interstitial” (to use the old Holmesian phrase), isolated moments when they were acutely aware of how the people might react. The first was when defense counsel Jose Flaminiano asked the court to dispense with reading the whole decision and to read only the dispositif, that is to say, the final lines containing the verdict. Whether he wished to cut to the chase or just avoid the drudgery of 201 pages of boring facts, he certainly recognized the trial as theater.
The second was when Presiding Justice Teresita Leonardo-de Castro, on her own, asked defense counsel whether they had any motions regarding the place of detention, showing a court sensitized to the dramatic power of an Erap hauled to Muntinlupa.
No, the message is not that even the big fish can now be convicted. Rather it is that the biggest fish in our small pond remains on top of the food chain, and gets to say who gets eaten and who gets to live. If the Erap plunder case was a “show trial,” the lesson is not that we are all equal before the majesty of the law. It is, as Orwell said, that some are more equal than others, and woe unto those who cross the biggest fish of all.
If the Sandiganbayan Special Division absolved Erap on the diversion of P130 M tobacco excise tax allocated for Ilocos Sur, then where did the money go. The anti-graft court called the prosecution evidence “farfetched” and “incredible”.
Tanungin si Chavit, nasa bulsa niya ang P130M.
If the plunder watch group is impartial, bakit hindi nila dinemanda si Chavit e puro jueteng ang negosyo ng gago na ito. Public official naman s’ya a! Ah, kay Erap nga lang pala sila galit!
Selective justice!
This dissertation could well be titled
“Prostitution of the Sandigan Bayan” or
“Mockery of Justice” or
“Gloria moro moro” or
“Helpless Pinoy Pinagtatawanan ni Gloria”
and will aptly fit. Unless the fire of Dagohoy and Silang are rekindled in the consiciousness of pinoy, gooria will be laughing all the way to Lichtenstein and California.
Natanggal ang piring ng “Lady Justice”! Nandaya din!
isa pong panawagan sa mga kinuukulan:
kung sino man po ang nakakakilala sa mga kaanak ng matandang babaeng natagpuan kamakalawa ng tanghali na halos agaw buhay dahil sa pinaniniwalaang tangkang pamamaslang ng mga walang kaluluwang hindi na naawa sa nakalulunos niyang kalagayan. payat na payat ang biktima at mahihinuhang hindi birong hirap ang dinaranas bunga ng paghihikahos. walang lakas ang katawan at ang mga mata ay halos panawan ng ningning.
sa ngayon ay nakaratay ang kawawang matanda sa kinalalagyang hindi maaaring ihayag kung saan matatagpuan sapagkat nag-aalala ang mga kumakalinga na kung malalaman ng mga walang pusong kriminal ang kinaroronan ng biktima ay tuluyan na nila itong patayin at kapag nangyari ito ay maraming mga naaapi ang lalong magdurusa kung patuloy na mamamayani ang walang pakundangang pagyurak sa karapatan ng iba.
ayon sa talaarawang natagpuan sa lukbutan ng matanda, siya ay dating nabibilang sa isang masaya at masaganang pamilya. sa kanila ay walang puwang ang hindi pagkakaunawaan, lalo’t higit ang inggitan. punungpuno sila ng pagmamahalan at pagdadamayan gayundin ang paggalang sa bawat isa hindi lamang sa kanilang angkan kundi na rin sa malawak nilang nasasakupan. dumating lamang daw ang sandaling nagsimula ang pag-aaway away nang magsimulang mang-intriga ang isang nagkukunwaring marangal na pamilya at papaniwalain silang gumagawa ng katiwalian ang kanilang enkargado gayung malapit ito sa karaniwang manggagawa. sa pakikipagsabwatan sa kura paroko, huwes, pinuno ng mga kawal at pulisya gayundin sa mga kapitalistang walang nasa isip kundi ang pangalagaan ang kanilang puhunan, matagumpay na nailigaw ng imbi ang paniniwala at isipan ng mamamayan. sa gitna ng pinagtahi tahing kasinungalingan ay walang hirap na napasakamay ng ganid ang pamamahala sa nasasakupan ng matanda na walang nagawa sapagkat maging ang kanyang dalawang anak ay nadala din sa matimyas na pangakong pawang kasinungalingan.
lingid sa kanilang kaalaman ay palihim na kinausap ng mapanlinlang ang kanilang enkargado at pinilit na mangibang bayan kapalit ng “pagkaabsuwelto sa kanyang mga kasalanan” subalit hindi pumayag ang huli bagkus ay pinanindigang ipaglaban ang kanyang karapatan sa paniniwalang malilinis ang kanyang pangalan sa patas na paraan. bunga nito, siya ay ipinakulong at ginamit na ebidensiya ang testimonya ng tumayong pangunahing testigo, kanyang naging kaibigang isang kilalang pusakal na kawatan.
at, ang lahat ng pangyayari ay matiyagang natipon sa nasabing talaarawan at kamakalawa nga, ang kahabag habag na matanda ay pinagtulungtulungang lapastanganin ng mga alagad ng mapanlinlang kasabay ng paghatol sa enkargado sa kasalanang hindi nila malinaw na napatunayan kundi upang pagtakpan lamang ang mas malala at lantarang katiwaliang kinasasangkutan ng bawat isang kapanalig ng mapagkunwaring marangal.
sa sino mang nakakakilala kina ginoong KATOTOHANAN at KATARUNGAN, ang dalawang anak ng matandang babae, mangyari po lamang na ipagbigay alam ang nakalulunos na sinapit ng kanilang ina, si ginang HUSTISYA na kasalukuyang nasa pagkandili nina ginoong PAKIKIBAKA at ginang KARANGALAN.
maraming salamat po.
An interesting article in BBC:
news.bbc.co.uk/2/hi/asia-pacific/6991417.stm
Here’s an excerpt:
“Mr Estrada will, it seems, have a peaceful retirement as he tends his vegetable garden and rice paddies and looks after his ducks and other animals in the place he has spent most of the six years it has taken for the court to reach a verdict.
Government scandals
It is a very different story for Mrs Arroyo. If this is a victory for her government, it is a Pyrrhic one.
The “masa”, the urban poor, are still hugely supportive of Mr Estrada, who has always denied the charges against him.
And Mrs Arroyo is facing corruption charges of her own.
A fortnight ago, the senate re-opened an inquiry into allegations of vote-rigging during the 2004 presidential election, in what has become known as the “Hello Garci” scandal.
Mrs Arroyo has already beaten off two impeachment attempts and denied any wrongdoing in a TV broadcast to the nation. But the scandal will not go away.
And a new scandal is brewing. Members of her government are alleged to be involved in a $329m (£162m) broadband contract with a Chinese firm. The price, it is claimed, was grossly inflated.
All this, admits Mrs Arroyo, is a distraction which is slowing down her government as she approaches her last two years in office. It could be she eventually leaves office with her legacy tainted by the foul scent of corruption.”
Alitaptap,
Two reasons why Gloria is travelling far and wide for what, a total of a month?
1) to check her hidden assets and to deposit more in those places
2) to go away and escape the Manila ‘heat’, i.e., from the madding crowd re ZTE broadband deal and Erap guilty verdict
# parasabayan Says:
September 14th, 2007 at 1:07 pm
Natanggal ang piring ng “Lady Justice”! Nandaya din!
***
Nag-Abalos ang “lady Justice”. What a shame!
Mrivera,
Maganda ang iyong essay. Sa kasalukuyan ay malapit ng mawalan ng buhay si Ginang Hustisya, unless na ang masa na hindi mabasa ng mga ‘overeducated’ elite ay sumaklolo.
This text message has been circulating:
“I recently received this text message: “Countrymen, it is our sworn duty to defend you against the despotic government. But you must help us first. Tell your senators to set aside ambition, which can come later. Democracy will stay comatose until they get their act together. In the woodwork (sic) is a junta that will suspend the Constitution, try and jail the traitors and, hopefully after six months, restore normalcy. The power of revolution is yours. We are soldiers loyal only to you. Lead us now, the sooner the better. God save the only country we’ve got!! Please translate this message in any dialect and pass.”
I hope this waiting soldiers will be true to their word! But maybe it is better that their group should make the first step and fire the starting shot and definitely the poeple will follow! Let THE LAST REVOLUTION BEGIN!!!
Luz,
“Tell your senators to set aside ambition, which can come later. Democracy will stay comatose until they get their act together. In the woodwork (sic) is a junta that will suspend the Constitution, try and jail the traitors and, hopefully after six months, restore normalcy.”
I might agree if they say the truth now: the future putschists must admit here and now that they will be there for at least minimum of 3 years because frankly “after six months” ain’t being real.
Double edge sword to have soldiers in govt – never one to believe they’d surrender power to civilians once they’ve got it but at the same time when you have a govt that’s an organized crime syndicate, there’s got to be a group that will enforce law and order. I’m willing to gamble on our men in uniform provided the putsch is led by honourable officers.
Tell the senators to set aside their personal ambition? Nah.
There are at least three senators who want to run for higher office in 2010. Between now and 2010, there shall be more switching of parties. But there’s only one direction I see of these politicians: More would join the opposition and more would dump GMA.
One month away, you mean? Aba, chance na iyan na huwag nang pabalikin. Ano pa ang hinihintay ng mga pilipino? Arya na! Sipain na now na! But I like better to see the pugot-ulo!!!
Re: Pangalanan’s “The list of un-indicted culprits gets longer by the day. Barely four days after Edsa II, the new government hastily signs a controversial $470-million hydroelectric power plant, and turns it over to the Argentine firm Impsa. Has anyone been indicted?”
Sandiganbayan is a makeshift court of law. It is Gloria’s SS.
Yes I remember. The IMPSA deal was among the earliest anomalies if not the earliest after EDSA 2. There’s another one: The Telecom scam involving Mike Arroyo. Remember that?
And so on and on…
Anna:
Anong ibig sabihin ng SS ni Gloria, SS as in Gestapo ni Hitler, Sipsip as in sipsip-buto gaya ni Esperon, Bunye, Ermita, et al doon sa pandak? Just curious! Bangas na bangas na kasi ako!
Hahahah! I meant Gestapo but now you’ve enumerated the other possible meanings, puwede rin!
Yuko,
Re: “Ano pa ang hinihintay ng mga pilipino?”
I ask the same question myself whenever Gloria travels – would be good for our remaining Constitutional officers and men (definitely not Esperon) to do a Thaksin while she’s out of the country.
I hope this waiting soldiers will be true to their word! But maybe it is better that their group should make the first step and fire the starting shot and definitely the poeple will follow! Let THE LAST REVOLUTION BEGIN!!!
***
Approve, Luz.
Mas madali kungn sila ang magsisimula at hindi natin sila pababayaan!
“Ano pa ang hinihintay ng mga pilipino?”
Yuko,
Mga naglilider-lideran lang ang mga politiko. Ewan ko kung ano ang iniisip ng mga sundalo!
Luzviminda, I, too, received that same text several days ago, & like Ana, I agree that it’s a “Double edge sword to have soldiers in govt – never one to believe they’d surrender power to civilians once they’ve got it but at the same time when you have a govt that’s an organized crime syndicate, there’s got to be a group that will enforce law and order. I’m willing to gamble on our men in uniform provided the putsch is led by honourable officers.”
Talagang Boba sa lahat ng mga Boba at Bobo itong PEKENG presidente kuno ng Pilipinas. Alam niyang may katapusan ang lahat at alam ng konsensiya niya (ay, wala na nga pala) na mali ang ginagawa niya pero sige pa rin siya! Siguro dahil yung mga gumawa na tulad ni Marcos, ay hindi naman naparusahan! Isip niya siguro, magpa-exile na lang siya! Kaya tama si Ana na isa sa mga agenda niya kaya labas siya ng labas, she’s trying to survey the best place to live in case worse come to worst!
Sana ituloy na ng mga sundalo kung ano man ang kanilang iniisip! Umpisahan na at ng matapos na ang paghihikahos ng bayan!!!
To prevent further political polarization, an all-encompassing amnesty that will cover convicted former President Joseph Estrada is imperative, JDV said.
***
Katarantaduhan ni de Venecia. Nagmatigas na nga si Erap at kasasabi lang muli na hindi niya tatanggapin ang amnesty e ipinipilit sa tao. Gustong makisakay sa popularity ni Erap ang gago!
Hoy, ang asikasuhin mo ay ang impeachment ng amo mo dahil ilalaglag ka na! Hindi niya pwedeng palitan si Abalos pero sa pwesto mo ay merong naghihintay na Pabling Garcia.
Cocoy: Hindi ba sa West Coast ka? Pupunta daw si GMA sa California..
What are waiting for? I am waiting for the time na matepok na lang ang reyna..because of her fears of her many wrong doings..o kaya may isang bala na maka indira gandhi sa kanya..talagang pinapahirapan niya si Sen. Trillanes..There is time for everything ang sabi nga..and there is always an end to everything..
..talagang totoo yong sinasabi na “only the good die young>” or “matagal mamatay ang masamang damo.” na kidney transplant na si Death of Justice Secretary at doing fine daw..the donor was his driver?
Rose;
Malapit ng matapos ang summer dito ang mga pinoy dito palagay ko hati kay gloria at kay erap.Anong gagawin ni punggok dito sa Cali? Magpatiarming siya kay arnold,baka itali pa siya ni terminator sa kanyang hummer at kaladkarin siya sa grapevine.Bawal ang kumatay ng aso dito,ikinukulong sa kasong animal cruelty.O baka naman sa Jolibee at Filipino store siya mag-istambay at maghihintay ng mga beterano noong gyera na naka wheel-chair at papose-pose sa kodakan.
Malalaki ang mga pandesal ni Valerio dito kasing laki ng suso ng dalaga na nanganak na,mahigit one dollar ang isang supot isang dosena ang laman.Mas maganda sigurong istambayan niya ay sa Seafood City,doon sa cleaning section ng mga isda,habang naghihintay ang customer sa kaniyang tilapia na kinakaliskisan baka itulak pa siya ng nagmamop ng basang sahig,Uso kasi ang dimandahan dito for negligence pag nadulas ang customer dahil basa ang sahig,ipapadoktor ni atorni iyan,mri,scan test at peraphy,mas mahaba ang gamutan ay mas malaki ang contengency ni Agaton 30% ng settlement,30% kay doc10% filling fee at 30% ang matitira sa nadulas,makakabili na siya ng bagong Toyota 4 Runner na cash,sayang din iyong apr pag installment.
Kung sa simbahan naman siya pupunta,sesermunan siya ni pader para marami ang magbigay ng abuloy,Wais din si Pader umpisahan muna niya sa singko,singko ang sermon at kapag nakapila na ng tulad sa WOWOWIE ay bibingahin na ng medyo half volume habang pinagmamasdan ni pader iyon kahon na hinulugugan ng dollar,pag hindi pa napuno ay sisigaw na ng Praise the Lord! Praise the Lord! Hangagang sa maghawakan na ng kamay sa dasal na Our Father.Pag napuno ang kahon,Amen! Ang huling bigkas ni Pader.Asus santisima! Si Gloria magsisimba,walang papalakpak sa kanya,Alin dalhin niya ang mga palakpak boys niya dito at magsimba sila,baka iyong sasakyan nila ang lalagyan ng sign na “Funeral”Pag may patay lang dito ang may nakaparking ng limousine sa simbahan at may hagad na motorsiklo ng chp.Sa Pinas sikat siya,dito labandera ang labas niya,walang mga maid ang mga tao dito,kanya-kanyang hugas ng pinggan,Iyong mga iba ay pinapalayas pa nila ang kanilang kawawang biyenan na kulang ang bigay sa manugang sa tinatangap niyang SSI.
Cocoy maganda rin pala pagnapunta si GMA sa inyo. Dito sa North North West mahirap magbinta ng ticket, at ready na agad ang permit sa rally ng mga kababayan. Sana huwag na pumunta kasi problema ang security. Ang isang problema noon (Nov.1989)si President Cory Aquino kulang na kulang ang ticket, walang ka talagang mabili.
Isaac;
Mangunsimisyon lang iyong demonya kapag magpunta siya rito sa California,No pansin siya sa mga tao dito dahil busy ang mga tiga rito sa pagtratrabaho,mahal ang cost of living dito.Mas maganda pa sigurong gawin niya ay sumama na lang siya sa rally ng mga TNT at bigyan nila siya ng megaphone at manawagan siya kay Bush na kapag pinauwi sila ng immigration ay wala siyang maibibigay na trabaho sa kanila sa Pilipinas,magiging kawawa sila,sasabihin niya kay Bush na problema niya ang idadagdag na mahigit isang milyong TNT,pero hindi siguro niya gagawin iyun dahil kasosyo siya sa PAL,Biruin mo iyang mahigit milyong pasahero na iyan,hindi naman niya problema ang ibabayad sa mga tiket nila sa mango tour dahil ang immigration ang magbabayad,iyun nga lang ang pasalubong ng mga TNT sa kanya sa airport ay magkakabit na stainless na porselas,malilibre na naman ng mga porselas ang mga pulis at may pang-tong-its si general dahil pwedi na niyang ibulsa ang perang budget para sa porselas ng mga kriminal,made in USA pa at hindi China at siguradong walang kawala kung sino man ang kinabitan nila ng bracelet.
AFP admits destab ‘rumors’
By Gina Peralta-Elorde
09/15/2007
……………………Teodoro last Thursday also dismissed reports that his recent visits to the headquarters of the Army, Air Force and Navy after the conviction of Estrada were part of a “loyalty check” in the military.
“There’s no need for a loyalty check among the soldiers because I am sure they are professional and they are loyal to the chain of command,” he said.
http://www.tribune.net.ph/20070915/headlines/20070915hed1.html
those who this teodoro was referring to were puppet soldiers loyal to the chain-of-the dogs, not the chain of command.
Republic Act No. 7080
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
Section 1. Definition of terms. As used in this Act, the term –
1. “Public Officer” means any person holding any public office in the Government of the Republic of the Philippines by virtue of an appointment, election or contract.
2. “Government” includes the National Government, and any of its subdivisions, agencies or instrumentalities, including government-owned or controlled corporations and their subsidiaries.
3. “Person” includes any natural or juridical person, unless the context indicates otherwise.
4. “Ill-gotten wealth” means any asset, property, business enterprise or material possession of any person within the purview of Section two (2) hereof, acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes:
1. Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;
2. By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned;
3. By the illegal or fraudulent conveyance or disposition of assets belonging to the National government or any of its subdivisions, agencies or instrumentalities or government-owned or controlled corporations and their subsidiaries;
4. By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business enterprise or undertaking;
5. By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or
6. By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines.
Sec. 2. Definition of the Crime of Plunder, Penalties. Any public officer who, by himself or in conivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described in Section 1 (d) hereof, in the aggregate amount or total value of at least Seventy-five million pesos (P75,000,000.00), shall be guilty of the crime of plunder and shall be punished by life imprisonment with perpetual absolute disqualification from holding any public office. Any person who participated with the said public officer in the commission of plunder shall likewise be punished. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances shall be considered by the court. The court shall declare any and all ill-gotten wealth and their interests other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State.
[Note: Section 2 was amended by Republic Act No. 7659, which amends the amount to 50 Million instead of 75 Million]
——————–
I am not a lawyer but I can understand what is expressed in the law… So how can the justices of the Sandiganbayan render a GUILTY verdict to Erap Estrada if in the first place there is ‘NO evidence beyond reasonable doubt’ that he accepted the JUETENG money and the check representing commissions from Belle shares. And how can there be Plunder if the money involve is NOT government money and therefore not ill-gotten wealth as defined in the law. Truly these confused justices have committed a grave mistake and injustice to Erap. All the evidences and guilt points and ends to Chavit Singson. He should be the one in jail. Kailangan pa bang i-memorize yan!!! So IS THERE JUSTICE IN THE PHILIPPINES?
The testimony of Gloria Arroyo’s star witness Luis Chavit Singson is considered as a ‘bible truth’ or gospel truth by the Sandigan Special Division justices. It cannot be repudiated. Jueteng payoff was one of the charges in the aborted Erap’s Senate impeachment trial. The jueteng payoff expose’ by Singson triggered the ouster of popularly elected President Joseph Estrada. The elite, the civil society, the Roman Catholic Church and other opportunists exploited the jueteng payoff scandal. The rest is history.
Kung nag-umpisa sa jueteng expose’ dapat tapusin sa jueteng payoff conviction. Napatalsik siya dahil sa jueteng.
Thanks, Luzviminda for the backgrounder on RA7080.
Here’s an excerpt of the decision that highlights Sandiganbayan’s glaring mistakes:
In this case, the justices were selective in their “reasonable doubt”.
***1. The justices said Jinggoy is not from Bulacan, why should he be collector for Bulacan? True. But Singson is also not from Pampanga or Tarlac or Baguio or La Union or Bataan or Zambales or fucking wherever, except Ilocos Sur! Why should they believe him when he said he was collector for Erap in those provinces?
***2. Sandiganbayan also says no one testified that they saw Jinggoy deduct money from his supposed collections. Again, true. But did anyone testify that Erap got money from the alleged accoutant, Yolanda Ricaforte, or Erap himself withdrawing from Ricaforte’s bank accounts? The same logic produced different results: they doubted Jinggoy was involved because no one saw the exact act. It was the opposite in Erap’s case. Am I stupid or what?
***3. Sandiganbayan even doubted Chavit’s testimony on a certain Jesse Viceo who supposedly was collector for Bulacan who then surrendered collections to Jinggoy. The court asked why Viceo wasn’t even charged or why the prosecution didn’t present him, thus, they decided they had to acquit Jinggoy because they doubted Chavit’s testimony. Correct. But was Bong Pineda charged or presented to the court? Alleged in Chavit’s testimony as the one who originally collected for Estrada, take note here, Singson never mentioned what Pineda’s occupation was, dishonesty in this point could have damaged all of Singson’s testimony. He deliberately called them collectors and not jueteng lords.
“The Court notes that Gov. Singson in the course of his testimony mentioned certain persons who collected jueteng money aside from himself and his employees; namely, Anton Prieto, (his brother) Bonito Singson, Bong Pineda, Charing Magbuhos, Celso de los Angeles, Jesse Viceo, Romy Pamatmat and a certain Sanchez of Batangas. In the same vein as that when they decided Jinggoy’s fate, why didn’t the justices cite the same reasons, why aren’t these people charged or why did the prosecution not present them as witnesses? Again, Singson didn’t say they were jueteng lords, just collectors. Big lie!
In summary, look at the justices’ blunders carefully, while Singson’s testimony was considered Gospel truth in the case of Erap, they found the same witness incredible in Jingoy’s and Serapio’s case. Dishonesty in any testimony is sufficient ground for trashing the same to favor the accused. One dishonest sentence from a witness is enough to void his whole testimony.
Remember, “Guilty beyond an Iota of doubt?”
Look, I’ve discussed just one paragraph of the 221- page decision (520 KB filesize in Notepad)!
More later. (If I don’t get lazy)
Tongue,
The analysis you presented and will be presented is most welcome so that readers will have their own grasp of what injustice the Sandiganbayan has done to Erap. If the court can do that to a person with a stature like Erap, paano na yung mga pangkaraniwang mamamayan na walang talagang kakayanang ipagtanggol ang kanilang sarili…OUR JUSTICES PLAYS POLITICS, DIRTY POLITICS!!!
The throwing of party in honor of the prosecution after the Sandiganbayan convicted Erap is a violation of our existing law which carry an imprisonment up to 5 years. The public officials, including VillaIgnacio, should also be remove from office. Mga WALANG DELIKADESA kasi ang mga nakaupo ngayon sa gobyerno!
Part of Presidential Decree No. 46 (updated Feb 2007)
MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND EMPLOYEES TO RECEIVE, AND FOR PRIVATE PERSONS TO GIVE, GIFTS ON ANY OCCASION, INCLUDING CHRISTMAS
xxx NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by
the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No.
1081 dated September 21, 1972, and General Order No. 1 dated September 22, 1972, do hereby make it punishable for
any public official or employee, whether of the national or local governments, to receive, directly or indirectly, and for private persons to give, or offer to give, any gift, present or other valuable thing to any occasion, including Christmas, when such gift, present or other valuable thing is given by reason of his official position, regardless of whether or not the same is for past favor or favors or the giver hopes or expects to receive a favor or better treatment in the future from the public official or employee concerned in the discharge of his official functions. Included within the prohibition is the
throwing of parties or entertainments in honor of the official or employees or his immediate relatives.
For violation of this Decree, the penalty of imprisonment for not less than one (1) year nor more than five (5) years and perpetual disqualification from public office shall be imposed. The official or employee concerned shall likewise be subject to administrative disciplinary action and, if found guilty, shall be meted out the penalty of suspension or removal, depending on the seriousness of the offense.
Any provision of law, executive order, rule or regulation or circular inconsistent with this Decree is hereby repealed or modified accordingly.
Cocoy: Sana kasama si FiG at to celebrate the Vic-toh-ree,
they will go to Sausalito and on the way mag stopover sa sing-sing para makita niya at tuloy ikadena at iwanan..Vic-toh-rius tayong lahat.
Rose;
Sausalito is in San Francisco,akala ko ay scuba diving ang hilig nila,siguro ay mag-praktis na sila kung papano ang pagsakay ng Ferry,o kaya’y bibili siya ng Ferry at iankor niya sa pasig river ng sa ganon ay ready na sila.Kasama ba si Apostol na sasakay ng Fely.
Excellent our laws us! Truly excellent. They become the rules and regulations for playing the most lucrative games in town – CORRUPTION.
What good are laws if the lawbreakers aren’t punished and justice isn’t meted out with the full force of the law?
NO GOOD AT ALL.
Ellen herself doesn’t believe there’s justice in Pinas – no, not while Gloria is in power. Remove her and we can start to believe there’s justice, that laws are useful, otherwise… the laws in Pinas are only good as the paper it’s written on, to wipe asses with.
Nagdiwang ang mga abogado ng prosekusyon, kasama si dating Gov. Chavit Singson na siyang naging testigo laban kay dating pangulong Joseph Estrada. Uminit siguro mga tenga niya para magpahayag na masyadong maaga silang nakaraos, ika nga. Hindi pa raw tapos ang laro, dahil nasa 3rd quarter pa lang daw ang labanan. Masyadong maaga silang nagdiwang. Ito nga siguro ang iisipin mo kung sa basketball mo ihahambing ang kaso ni Erap sa Sandiganbayan. At bakit nga naman hindi. Basketball ang pinakasikat na laro sa Pilipinas. Pero kung sa gera mo naman ihahambing, pwede nating sabihin na nanalo ang prosekusyon sa isang laban, pero hindi pa tapos ang gera. Ito na nga siguro ang pinagdidiwang nila. Karapatan din naman nila iyon.
The above piece was quoted from a column. What’s there to celebrate? Why should Chavit Singson join the merrymaking with the prosecutors?
“Why should Chavit Singson join the merrymaking with the prosecutors?”
Because he’s one of ’em bandits.
Chavit Singson should be hanged from the highest lampost with his cobra around his neck. He’s Malacanang’s biggest paid hit man.
Excerpt from the Maylaya dated 17th September 2007 says it all, and shows that our Judges are dangerous to Justice.
“In the recent decision on the guilt of Joseph Estrada, we find from the court ruling that the voluminous records that Chavit Singson presented on jueteng collections proved to the Sandiganbayan that Joseph Estrada was guilty of receiving jueteng money even if there was never any proof shown that the records were actual records of jueteng collections or that these collections were ever received by the former president. But justices and judges can actually do as they please.
Thus, when the American says that the idea that one is guilty only if this is found to have been established “beyond reasonable doubt” does not apply to our courts, he is right. Clearly, Philippine judges can find one guilty because he looks at your face and feels that you are guilty or he believes that everyone who comes from your town is criminal or that someone like you cannot be up to any good,
Our judges have too much leeway. They can do anything. This is not good for our justice system. In fact, we do not have a justice system. What we have are judges who are given the authority to find anyone they so please to be guilty of anything. That is what we have.
No wonder that our judges, in the words of a former president who has just been found guilty by three justices, are “hoodlums in robes.” They can well be if they so please and no one can stop them”.