Trial of Joseph Estrada
Encyclopedia
Trial of Joseph Estrada | |
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Full case name | People of the Philippines vs. Joseph Ejercito Estrada Joseph Estrada Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in... , Jose "Jinggoy" Estrada Jinggoy Estrada Jose Pimentel Ejercito, Jr. , better known as Jinggoy Ejercito Estrada, is a Filipino politician and former film actor who has been a member of the Senate of the Philippines since 2004... , Charlie "Atong" Tiu Hay Sy Ang, Edward S. Serapio, Yolanda T. Ricaforte, Alma Alfaro, John Doe John Doe The name "John Doe" is used as a placeholder name in a legal action, case or discussion for a male party, whose true identity is unknown or must be withheld for legal reasons. The name is also used to refer to a male corpse or hospital patient whose identity is unknown... also known as Eleuterio Ramos Tan or Mr. Uy, Jane Doe also known as Delia Rajas, John Does and Jane Does |
Criminal case number | 26558 |
Laws applied | Republic Act (RA) No. 7080 or the Anti-Plunder Law |
Filing of information | April 4, 2001 |
Decided | September 12, 2007 |
Court membership |
|
Pardon | October 26, 2007 |
The trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
of former Philippine
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
president
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
Joseph Estrada
Joseph Estrada
Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in...
(People of the Philippines vs. Joseph Estrada, et al., 26558 Sandiganbayan, September 12, 2007) took place between 2001 and 2007 at the Sandiganbayan
Sandiganbayan
The Sandiganbayan is a special court in the Philippines which was established under Presidential Decree No. 1606. Its rank is equivalent to the Court of Appeals. The court consists of 14 Associate Justices and 1 Presiding Justice...
. Estrada, popularly called Erap, was ousted from office in 2001 during a popular uprising in Metro Manila after an aborted impeachment trial in which he was charged with plunder and perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
. Soon after his ouster, the same charges were filed against him at the Sandiganbayan.
After a lengthy trial, the Sandiganbayan ruled Estrada not guilty of perjury while ruling him as guilty of plunder and sentenced him to reclusión perpetua
Reclusion perpetua
Reclusión perpetua is a particular kind of sentence of imprisonment in the Philippines, Argentina, and several other countries....
. All of his co-accused were acquitted.
Charges filed
A few months after the January 2001 popular uprising that ousted Estrada, the Philippine OmbudsmanPhilippine Ombudsman
The Ombudsman of the Philippines is an ombudsman responsible for investigating and prosecuting Philippine government officials accused of crimes....
filed two charges at the Sandiganbayan on April 4, 2001; one for plunder and the other for perjury.
The plunder case consisted of four separate charges: acceptance of 545 million pesos
Philippine peso
The peso is the currency of the Philippines. It is subdivided into 100 centavos . Before 1967, the language used on the banknotes and coins was English and so "peso" was the name used...
from proceeds of jueteng
Jueteng
Jueteng is an illegal numbers game played in the Philippines. Jueteng originated from China and means "flower" and "bet" . Although illegal, it is a widely popular game with participation that crosses most, if not all social and economic boundaries, played by rich and poor alike...
, an illegal gambling game; misappropriation of 130 million pesos in excise taxes from tobacco; receiving a 189.7-million-peso commission from the sale of the shares of Belle Corporation, a real-estate firm; and owning some 3.2 billion pesos in a bank account under the name Jose Velarde.
The minor charge of perjury is for Estrada underreporting his assets in his 1999 statement of assets and liabilities and for the illegal use of an alias, namely for the Jose Velarde bank account.
Estrada's son, Jinggoy Estrada
Jinggoy Estrada
Jose Pimentel Ejercito, Jr. , better known as Jinggoy Ejercito Estrada, is a Filipino politician and former film actor who has been a member of the Senate of the Philippines since 2004...
, an incumbent senator
Senate of the Philippines
The Senate of the Philippines is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines...
, and Edward Serapio, his personal lawyer were his co-accused. Also charged were Charlie Ang, Yolanda Ricaforte, Alma Alfaro, Eleuterio Tan, Delia Rajas, and Jaime Dichaves, who was later added.
Prosecution's case
The Philippine government's prosecution team was led by Special Prosecutor Dennis Villa-Ignacio and other government lawyers. Their case against Joseph Estrada was based on the following:Defense's case
Former President Joseph Estrada's defense panel, led by Atty. Estelito Mendoza, and composed of former Supreme Court justices and other celebrated Philippine lawyers based their defense on the following points:President Estrada recalls the Arroyos plotting with the civil society and the military in January 2000, to take over a year later; the House of Representatives impeaching him without debate and voting; the Senate blue-ribbon committee not hearing him out; the Impeachment Court not citing for contempt the losers in a democratic debate and voting; and the Supreme Court conniving with the elite to swear in then-Vice-President Gloria Arroyo at noon of January 20, 2001, (Manila Times, September 30, 2007)
1. the whole prozess is agatinst the constitution.
a) the legal possibility of removing a sitting president is by impeachment.
Paguia, one of Estradas lawyers argues
„Former President Estrada was not convicted and removed by the Senate acting as an Impeachment Court, . Therefore it is unconstitutional to subject him to the jurisdiction of the Sandiganbayan.“ (Manila Times, September 14, 2007)
b) the Supreme Court relied on a biblical, not constitutional passage, with president Estrada still in the Palace
c) the same Court created a special division for President Estrada (not done in the case of the Marcoses and the cronies and the military).
d)Actually, the plot to oust President Estrada was planned by the then-Vice president Arroyo who met with some political and religious leaders calling for a what she called "Transition Government" under her rule.
2. The Sandiganbayan did not find him guilty of stealing a single centavo of public money. (Manila Times, September 30, 2007)
Lead counsel Estelito Mendoza insisted there is no evidence Estrada received bribe money from jueteng lords. There was also no evidence he received commission money or checks from the Belle transactions.
The one who admitted to receiving bribe money from gambling lords was former governor Chavit Singson of Ilocos Sur. But he was not charged as a co-conspirator. He ran for senator in May 2007 but lost.
3. Fabrication of evidence:
Manrique, a former action officer of the Volunteers Against Crime and Corruption (VACC) , narrated in his affidavit how he, sometime in the last week of October 2001, was contacted by a lawyer(State Prosecutor Dennis Villa-Ignacio) who represented himself as a member of the prosecution team in the Estrada cases.
Manrique said the lawyer convinced him to file another perjury case against the deposed president since the original case filed
by the Ombudsman was deemed to be weak and insufficient in evidence.
The lawyer added Manrique’s complaint against Estrada had to be antedated to make it appear that even before the Ombudsman had filed his own case,
4. Saguisag, one of Estrada‘s lawyers said the defense will base its legal argument on the prosecution’s failure to indicate in the information that Estrada had received jueteng money “by reason of his public office,”
“There was no allegation that it was received by reason of his public office. That’s one of the elements of plunder,” (inquirer, September 2007)
5. The Sandigan special graft court has an image problem. It is not perceived as being impartial or independent or even fair.
Reynato Puno has one of the worst trust ratings for a public figure.
(Manila Times September 12, 2007)
Verdict
Initial reports of the nature of the conviction pronounced Estrada guilty of the PHP 545 million juetengJueteng
Jueteng is an illegal numbers game played in the Philippines. Jueteng originated from China and means "flower" and "bet" . Although illegal, it is a widely popular game with participation that crosses most, if not all social and economic boundaries, played by rich and poor alike...
case and the Belle Corporation case, while the other two charges were dropped.
The sentence of reclusión perpetua
Reclusion perpetua
Reclusión perpetua is a particular kind of sentence of imprisonment in the Philippines, Argentina, and several other countries....
also includes the return to the government of the over PHP 200 million Erap Muslim Youth foundation and PHP 189 million Jose Velarde monies, the penalty of civil interdiction, and perpetual absolute exclusion from public office.
The Court has also ordered the arrest of all the other co-defendants in the case.
On September 12, 2007, Joseph Estrada
Joseph Estrada
Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in...
was acquitted of perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
but found guilty
Guilty
Guilty commonly refers to the feeling of guilt, an experience that occurs when a person believes that they have violated a moral standard.Guilty or The Guilty may also refer to:-Law:*Guilty plea, a formal admission of legal culpability...
of plunder and sentenced to reclusion perpetua
Reclusion perpetua
Reclusión perpetua is a particular kind of sentence of imprisonment in the Philippines, Argentina, and several other countries....
with the accessory penalties
Sanctions (law)
Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines...
of perpetual disqualification from public office and forfeiture
Asset forfeiture
Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
of ill-gotten wealth
Wealth
Wealth is the abundance of valuable resources or material possessions. The word wealth is derived from the old English wela, which is from an Indo-European word stem...
.
On September 12, 2007, Sandiganbayan
Sandiganbayan
The Sandiganbayan is a special court in the Philippines which was established under Presidential Decree No. 1606. Its rank is equivalent to the Court of Appeals. The court consists of 14 Associate Justices and 1 Presiding Justice...
's Presiding Justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
Teresita De Castro and two other magistrates unanimously acquitted his son, Senator Jinggoy Estrada
Jinggoy Estrada
Jose Pimentel Ejercito, Jr. , better known as Jinggoy Ejercito Estrada, is a Filipino politician and former film actor who has been a member of the Senate of the Philippines since 2004...
, and a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
Edward Serapio of plunder charges. The Fallo
Fallo
Fallo is a comune and town in the Province of Chieti in the Abruzzo region of Italy....
of the 262-page Decision declared the forfeiture
Asset forfeiture
Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
in favor of the government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
: P542.701 million (bank
Bank
A bank is a financial institution that serves as a financial intermediary. The term "bank" may refer to one of several related types of entities:...
accounts
Deposit account
A deposit account is a current account, savings account, or other type of bank account, at a banking institution that allows money to be deposited and withdrawn by the account holder. These transactions are recorded on the bank's books, and the resulting balance is recorded as a liability for the...
including interest
Interest
Interest is a fee paid by a borrower of assets to the owner as a form of compensation for the use of the assets. It is most commonly the price paid for the use of borrowed money, or money earned by deposited funds....
), P189 million (Jose Velarde accounts including interest) and the Boracay
Boracay
Boracay is an island of the Philippines located approximately south of Manila and 2 km off the northwest tip of Panay Island in the Western Visayas region of the Philippines. Boracay Island and its beaches have received awards numerous times. Boracay was awarded in the "Travelers' Choice...
mansion
Mansion
A mansion is a very large dwelling house. U.S. real estate brokers define a mansion as a dwelling of over . A traditional European mansion was defined as a house which contained a ballroom and tens of bedrooms...
in New Manila, Quezon City
Quezon City
Quezon City is the former capital and the most populous city in the Philippines. Located on the island of Luzon, Quezon City is one of the cities and municipalities that make up Metro Manila, the National Capital Region. The city was named after Manuel L...
.
Only the fallo or dispositive part of two judgments were read (resulting to only 15 minutes judicial proceedings
Proceedings
In academia, proceedings are the collection of academic papers that are published in the context of an academic conference. They are usually distributed as printed books either before the conference opens or after the conference has closed. Proceedings contain the contributions made by researchers...
). During the reading of the judgment, witnesses said Joseph Estrada cried; his wife
Wife
A wife is a female partner in a marriage. The rights and obligations of the wife regarding her spouse and others, and her status in the community and in law, varies between cultures and has varied over time.-Origin and etymology:...
, Luisa Ejercito Estrada, Jackie Ejercito Lopez, San Juan Mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
Joseph Victor "JV" Ejercito, (Estrada's son with Guia Gomez), other family members and mistresses
Mistress (lover)
A mistress is a long-term female lover and companion who is not married to her partner; the term is used especially when her partner is married. The relationship generally is stable and at least semi-permanent; however, the couple does not live together openly. Also the relationship is usually,...
(including, Laarni Enriquez) all wept during the promulgation
Promulgation
Promulgation is the act of formally proclaiming or declaring a new statutory or administrative law after its enactment. In some jurisdictions this additional step is necessary before the law can take effect....
by the clerk.
Estrada's lawyer Estelito Mendoza stated that Estrada will file a motion
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
for reconsideration (before September 27) of the 262-page Judgment
Judgment
A judgment , in a legal context, is synonymous with the formal decision made by a court following a lawsuit. At the same time the court may also make a range of court orders, such as imposing a sentence upon a guilty defendant in a criminal matter, or providing a remedy for the plaintiff in a civil...
and then appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
the verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...
to the High Tribunal. The Philippine Chamber of Commerce and Industry said it will support a presidential pardon for Estrada. Jinggoy Estrada
Jinggoy Estrada
Jose Pimentel Ejercito, Jr. , better known as Jinggoy Ejercito Estrada, is a Filipino politician and former film actor who has been a member of the Senate of the Philippines since 2004...
said The people will receive this with moral outrage and disgust. The time of reckoning will come. That time may not be too far now. ``This verdict is intended to legitimize the occupancy of an illegal tenant in Malacanang
Estrada, in Filipino
Culture of the Philippines
Philippine culture is related to Micronesian, Bornean, Mexican and Spanish cultures. The people today are mostly of Malayo-Polynesian origin, although there are people with Spanish, Mexican, Austro-Melanesian and Chinese blood. Geographically, the Philippines is considered part of Southeast Asia...
Barong Tagalog
Barong Tagalog
The barong Tagalog is an embroidered formal garment of the Philippines. It is very lightweight and worn untucked , over an undershirt. In Filipino culture it is a common wedding and formal attire, mostly for men but also for women...
(pineapple
Pineapple
Pineapple is the common name for a tropical plant and its edible fruit, which is actually a multiple fruit consisting of coalesced berries. It was given the name pineapple due to its resemblance to a pine cone. The pineapple is by far the most economically important plant in the Bromeliaceae...
fibre dress
Dress
A dress is a garment consisting of a skirt with an attached bodice or with a matching bodice giving the effect of a one-piece garment.Dress may also refer to:*Clothing in general*Costume, fancy dress...
shirt
Shirt
A shirt is a cloth garment for the upper body. Originally an undergarment worn exclusively by men, it has become, in American English, a catch-all term for almost any garment other than outerwear such as sweaters, coats, jackets, or undergarments such as bras, vests or base layers...
and cream
Cream (colour)
Cream is the colour of the cream produced by cattle grazing on natural pasture with plants rich in yellow carotenoid pigments, some of which are incorporated into the cream, to give a yellow tone to white. Cream is the pastel colour of yellow, much like as pink is to red. Cream is used as a skin...
trousers
Trousers
Trousers are an item of clothing worn on the lower part of the body from the waist to the ankles, covering both legs separately...
) with his trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
wristband
Wristband
Wristbands are encircling strips worn on the wrist, made from a variety of materials depending on the purpose. The term can be used to refer to the bracelet-like band of a wristwatch, to the cuff or other part of a sleeve that covers the wrist, or to decorative or functional bands worn on the wrist...
stated that "I thought the role of justice would prevail here but really it's a kangaroo court." President Gloria Macapagal Arroyo stated that the court's decision must be accepted: "We hope and pray that the rule of law will prevail." Estrada's counsel
Counsel
A counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...
Rene A.V. Saguisag issued the statement:"VICTORS' JUSTICE" - "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 will appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
the verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...
and would be under automatic
Automatic
- Technology :* Automatic transmission, or a car with an automatic transmission* Automatic firearm* Automatic watch* Automatic , a defunct American automobile company- Albums :* Automatic * Automatic...
review
Review
A review is an evaluation of a publication, a product or a service, such as a movie , video game, musical composition , book ; a piece of hardware like a car, home appliance, or computer; or an event or performance, such as a live music concert, a play, musical theater show or dance show...
at the Supreme Court of the Philippines
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
.
Estrada told AFP
Agence France-Presse
Agence France-Presse is a French news agency, the oldest one in the world, and one of the three largest with Associated Press and Reuters. It is also the largest French news agency. Currently, its CEO is Emmanuel Hoog and its news director Philippe Massonnet...
that he was resigned for the latest drama
Drama
Drama is the specific mode of fiction represented in performance. The term comes from a Greek word meaning "action" , which is derived from "to do","to act" . The enactment of drama in theatre, performed by actors on a stage before an audience, presupposes collaborative modes of production and a...
in his presidency
Presidency
The word presidency is often used to describe the administration or the executive, the collective administrative and governmental entity that exists around an office of president of a state or nation...
: "last and best performance of my life." The prosecution's lead counsel Dennis Villa-Ignacio proudly asserted: "It shows that our judicial system really works.This is the last chance for the state to show that we can do it, that we can charge, prosecute and convict a public official regardless of his stature."
Joseph Estrada rose from obscurity to having been top Filipino
Filipino people
The Filipino people or Filipinos are an Austronesian ethnic group native to the islands of the Philippines. There are about 92 million Filipinos in the Philippines, and about 11 million living outside the Philippines ....
film
Film
A film, also called a movie or motion picture, is a series of still or moving images. It is produced by recording photographic images with cameras, or by creating images using animation techniques or visual effects...
star, then hit the mark, by claiming the Presidency
Presidency
The word presidency is often used to describe the administration or the executive, the collective administrative and governmental entity that exists around an office of president of a state or nation...
until destiny
Destiny
Destiny or fate refers to a predetermined course of events. It may be conceived as a predetermined future, whether in general or of an individual...
sent him to jail
Jail
A jail is a short-term detention facility in the United States and Canada.Jail may also refer to:In entertainment:*Jail , a 1966 Malayalam movie*Jail , a 2009 Bollywood movie...
. He stated to AFP
Agence France-Presse
Agence France-Presse is a French news agency, the oldest one in the world, and one of the three largest with Associated Press and Reuters. It is also the largest French news agency. Currently, its CEO is Emmanuel Hoog and its news director Philippe Massonnet...
"I feel depressed, but it's my style not to show it." Before the release of the fatalistic judgment, he warned that he prevent his fans from making street protests.
Estrada returned to his villa
Villa
A villa was originally an ancient Roman upper-class country house. Since its origins in the Roman villa, the idea and function of a villa have evolved considerably. After the fall of the Roman Republic, villas became small farming compounds, which were increasingly fortified in Late Antiquity,...
in Tanay
Tanay, Rizal
Tanay is a 1st class municipality in the province of Rizal, Philippines. It is located 57 kilometers east of Manila, although a typical commute between Manila and Tanay will take between one to three hours depending upon traffic conditions...
, Rizal
Rizal
Rizal is a province located in the CALABARZON , just 16 kilometers east of Manila. The province was named after the country's national hero, José Rizal. Rizal Governor Casimiro A. Ynares III on June 17, 2008 announced the transfer of the Capitol from Pasig. Its P 270-million capitol building,...
(driven on from a golf cart), to the helicopter
Helicopter
A helicopter is a type of rotorcraft in which lift and thrust are supplied by one or more engine-driven rotors. This allows the helicopter to take off and land vertically, to hover, and to fly forwards, backwards, and laterally...
) The court permitted him to return to his villa
Villa
A villa was originally an ancient Roman upper-class country house. Since its origins in the Roman villa, the idea and function of a villa have evolved considerably. After the fall of the Roman Republic, villas became small farming compounds, which were increasingly fortified in Late Antiquity,...
, "until further orders".
Meanwhile, the U.S. embassy stated that the arrival of the USS Chung-Hoon and USS Milius, Missile
Missile
Though a missile may be any thrown or launched object, it colloquially almost always refers to a self-propelled guided weapon system.-Etymology:The word missile comes from the Latin verb mittere, meaning "to send"...
destroyers was a goodwill visit to strengthen the ties between the U.S. and the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
.
Appeal
On September 26, 2007, Joseph EstradaJoseph Estrada
Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in...
appealed by filing a 63-page motion
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
for reconsideration of the Sandiganbayan
Sandiganbayan
The Sandiganbayan is a special court in the Philippines which was established under Presidential Decree No. 1606. Its rank is equivalent to the Court of Appeals. The court consists of 14 Associate Justices and 1 Presiding Justice...
judgment penned by Teresita de Castro
Teresita de Castro
Teresita Jose Leonardo-de Castro is an Associate Justice of the Philippine Supreme Court. Prior to her appointment to the High Court by President Gloria Macapagal-Arroyo, she had been the Presiding Justice of the Sandiganbayan.-Profile:...
(submitting 5 legal grounds). Estrada alleged that the court erred "when it convicted him by acquitting his alleged co-conspirators."
On October 5, 2007, the Sandiganbayan
Sandiganbayan
The Sandiganbayan is a special court in the Philippines which was established under Presidential Decree No. 1606. Its rank is equivalent to the Court of Appeals. The court consists of 14 Associate Justices and 1 Presiding Justice...
's Special Division ruled to have set for October 19, oral argument
Oral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute...
(instead of a defense reply) on Joseph Estrada
Joseph Estrada
Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in...
’s motion for reconsideration. Estrada asked court permission to attend the hearing, since it ordered the prosecution to file comment before October 11.
Pardon and release from detention
On October 22, 2007, Acting Justice Secretary Agnes Devanadera stated that Joseph Estrada is seeking a “full, free, and unconditional pardon” from President Gloria Macapagal-ArroyoGloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
. Estrada's lawyer Jose Flaminiano wrote Arroyo: "The time has come to end President Estrada's fight for justice and vindication before the courts. Today [Monday], we filed a withdrawal of his Motion for Reconsideration." Estrada, 70, stressed the "delicate condition" of his mother in asking for pardon.
On October 25, 2007, President Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
granted executive clemency to Joseph Estrada based on the recommendation by the Department of Justice (DoJ). Acting Executive Secretary and Press Secretary Ignacio R. Bunye quoted the signed Order: "In view hereof in pursuant of the authority conferred upon me by the Constitution, I hereby grant Executive clemency to Joseph Ejercito Estrada, convicted by the Sandiganbayan of plunder and imposed a penalty of reclusion perpetua. He is hereby restored to his civil and political rights."
Bunye noted that Estrada committed in his application not to seek public office, and he would be free from his Tanay resthouse on October 26, noon. On October 26, 2007, after almost 7 years of detention, Joseph Estrada was finally released after the Sandiganbayan
Sandiganbayan
The Sandiganbayan is a special court in the Philippines which was established under Presidential Decree No. 1606. Its rank is equivalent to the Court of Appeals. The court consists of 14 Associate Justices and 1 Presiding Justice...
promulgated the historical Resolution.
Aftermath
On September 14, 2007, Chief presidential legal counsel Sergio Antonio Apostol officially stated that SandiganbayanSandiganbayan
The Sandiganbayan is a special court in the Philippines which was established under Presidential Decree No. 1606. Its rank is equivalent to the Court of Appeals. The court consists of 14 Associate Justices and 1 Presiding Justice...
Justices Teresita de Castro
Teresita de Castro
Teresita Jose Leonardo-de Castro is an Associate Justice of the Philippine Supreme Court. Prior to her appointment to the High Court by President Gloria Macapagal-Arroyo, she had been the Presiding Justice of the Sandiganbayan.-Profile:...
, Diosdado Peralta and Francisco Villaruz Jr. should decline Judicial and Bar Council
Judicial and Bar Council
The Judicial and Bar Council of the Philippines is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts.-Composition:...
nomination
Nomination
Nomination is part of the process of selecting a candidate for either election to an office, or the bestowing of an honor or award.In the context of elections for public office, a candidate who has been selected by a political party is normally said to be the nominee of that party...
and await other vacancies to ease pressure on President Gloria Macapagal Arroyo: “Para hindi na maipit ang Presidente (In order to spare the President from pressure), they should withdraw their nomination. Parang iyong nangyari kay Justice (Gregory) Ong (Remember what happened in Justice Gregory S. Ong
Gregory S. Ong
Gregory Santos Ong is a Filipino jurist and an incumbent Justice of the Sandiganbayan. He was initially appointed as an Associate Justice of the Supreme Court of the Philippines by President Gloria Macapagal-Arroyo on May 16, 2007, but his appointment was subsequently withdrawn after questions...
’s case) ...It’s a sacrifice on her part..Hindi niya maiwanan (ang posisyon) (She cannot leave the Sandiganbayan) because of the case of Joseph Estrada
Joseph Estrada
Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in...
- Erap (Estrada’s nickname)." In the aftermath of the verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...
, De Castro, Villaruz and Peralta are now at the receiving end of 2 unsolicited advices from key officials. Senate of the Philippines
Senate of the Philippines
The Senate of the Philippines is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines...
Majority Leader Francis Pangilinan, ex-officio member, Judicial and Bar Council
Judicial and Bar Council
The Judicial and Bar Council of the Philippines is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts.-Composition:...
stated that the 3 Sandiganbayan
Sandiganbayan
The Sandiganbayan is a special court in the Philippines which was established under Presidential Decree No. 1606. Its rank is equivalent to the Court of Appeals. The court consists of 14 Associate Justices and 1 Presiding Justice...
justices "should have the delicadeza not to accept a promotion to the highest tribunal to dispel any suspicion that they pronounced Mr. Estrada guilty expecting a reward from Palace ... We do not want to see a cloud of suspicion over the appointees to the Supreme Court. They should always be above suspicion.”
On November 5, 2007, Senator Jinggoy Estrada
Jinggoy Estrada
Jose Pimentel Ejercito, Jr. , better known as Jinggoy Ejercito Estrada, is a Filipino politician and former film actor who has been a member of the Senate of the Philippines since 2004...
, in a privileged speech vowed to block the appointment to the Supreme Court of Sandiganbayan Justices Teresita De Castro
Teresita de Castro
Teresita Jose Leonardo-de Castro is an Associate Justice of the Philippine Supreme Court. Prior to her appointment to the High Court by President Gloria Macapagal-Arroyo, she had been the Presiding Justice of the Sandiganbayan.-Profile:...
and Francisco Villaruz, Jr. (who convicted his father - President Joseph Estrada). Jinggoy said that: "Such a promotion would seem like a reward in exchange for the guilty verdict against the deposed President. We are convinced, then and now, that the special court created to exclusively try the case of President Estrada was established precisely to convict him, which is what exactly happened." Also, Joseph Estrada opposed court seizure of his assets, stating that: "These properties are mine. I acquired them way back when I was still a movie actor."
On December 4, Sandiganbayan Special Division chairperson Teresita de Castro was appointed as the new associate justice of the Supreme Court of the Philippines
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
.
On January 10, 2008, Edgardo Urieta, Sandiganbayan
Sandiganbayan
The Sandiganbayan is a special court in the Philippines which was established under Presidential Decree No. 1606. Its rank is equivalent to the Court of Appeals. The court consists of 14 Associate Justices and 1 Presiding Justice...
chief of the Sheriff and Security Services Office released the 2 page report (based on 13-page Banco de Oro to the Sandiganbayan Special Division) which discovered intact due to the 2001 levy by BIR distraint - P 1.107 billion ($1 = P 41) account of Joseph Estrada
Joseph Estrada
Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in...
: P500 million - 'promissory note and chattel mortgage'; 450 million shares of Waterfront Philippines valued at P 427.5 million; and 300 million shares of Wellex Industries worth P 84 million; cash deposits in a common trust fund investment account of P 95.76 million.
Reactions
The Philippine government, through Presidential Spokesperson Ignacio Bunye has issued a statement to the effect of the government's respect and deference to the authority of the Sandiganbayan, and the hope that this "sad" episode in the country's history will not "permanently distract" the country from peace and progress.President Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
canceled a scheduled attendance at a gathering of business leaders in Makati City that afternoon due to security reasons. President Arroyo was scheduled to drop by the Philippine Mid-Year Economic Briefing which will be held 1:30 p.m. at the Rizal Ballroom of the Makati Shangri-La Hotel.
The Philippine Stock Exchange
Philippine Stock Exchange
The Philippine Stock Exchange is the national stock exchange of the Philippines. It is one of the oldest stock exchanges in Southeast Asia, having been in continuous operation since its inception in 1927...
recovered from a two-day slump, closing at 3,307.60 points, up by 1.21%. The Philippine peso
Philippine peso
The peso is the currency of the Philippines. It is subdivided into 100 centavos . Before 1967, the language used on the banknotes and coins was English and so "peso" was the name used...
moderately strengthened against the US dollar.
External links
- Inquirer.net, Key dates in case of ex-Philippines leader Estrada
- GMA NEWS.TV, A one-stop, multimedia microsite: The Estrada plunder trial verdict
- GMA NEWS.TV, Estrada Plunder Trial
- TOC Plaintiff's Memorandum
- Plaintiff's Memorandum
- NOTES ON PLUNDER CLOSING STATMENTS
- GMA Video, Court Session on Joseph Estrada's verdict
- GMA Video, Sandigan finds Erap guilty of plunder
- GMA Video, Interview with Estrada after conviction
- GMA Video, Estradas overcome with sadness, after verdict