REPUBLIC OF THE
SANDIGANBAYAN
---
SPECIAL
DIVISION
PEOPLE OF THE
Plaintiff,
For: PLUNDER
-
versus –
JOSEPH EJERCITO ESTRADA,
Former President of
the
Republic of the
JOSE “JINGGOY” ESTRADA,
CHARLIE “ATONG” TIU HAY SY ANG,
EDWARD S. SERAPIO,
YOLANDA T. RICAFORTE,
PRESENT:
ALMA ALFARO,
JOHN DOE also known as
LEONARDO-DE
CASTRO, PJ, Chairperson
ELEUTERIO RAMOS TAN or MR.
UY,
VILLARUZ, JR., and
JANE DOE also known as
PERALTA, JJ.
DELIA RAJAS,
JOHN DOES and JANE
DOES,
PROMULGATED:
Accused.
September 12,
2007
x----------------------------------------------------------------------------------------------------------------------------x
DECISION
Republic Act (RA) No. 7080 as amended was approved on July 12, 1991,
creating and introducing into our criminal legal system the crime of
“plunder”. This law penalizes
public officers who would amass immense wealth through a series or combination
of overt or criminal acts described in the statute in violation of the public
trust. RA No. 7080 or the
Anti-Plunder Law was a consolidation of Senate Bill no. 733 and House Bill No.
22752. The Explanatory Note of
Senate Bill No. 733, quoted in the case of Estrada v. Sandiganbayan (G.R. No.
148965, February 26, 2002, 377 SCRA 538, 555), explains the reason behind the
law as follows:
Plunder, a term chosen from other equally apt terminologies like
kleptocracy and economic treason, punishes the use of high office for personal
enrichment, committed thru a series of acts done not in the public eye but in
stealth and secrecy over a period of time, that may involve so many persons,
here and abroad, and which touch so many states and territorial units. The acts and/or omissions sought to be
penalized do not involve simple cases of malversation of public funds, bribery,
extortion, theft and graft but constitute plunder of an entire nation resulting
in material damage to the national economy. The above-described crime does not yet
exist in Philippine statute books.
Thus, the need to come up with a legislation as a safeguard against the
possible recurrence of the depravities of the previous regime and as a deterrent
to those with similar inclination to succumb to the corrupting influence of
power.
The majority opinion in the above-cited case, penned by Honorable Justice
Josue N. Bellosillo, further
explained the rationale behind the Anti-Plunder Law in this
manner:
Our nation has been racked by
scandals of corruption and obscene profligacy of officials in high places which
have shaken its very foundation.
The anatomy of graft and corruption has become more elaborate in the
corridors of time as unscrupulous people relentlessly contrive more and more
ingenious ways to milk the coffers of the government. Drastic and radical measures are
imperative to fight the increasingly sophisticated, extraordinarily methodical
and economically catastrophic looting of the national treasury. Such is the Plunder Law, especially
designed to disentangle those ghastly tissues of grand-scale corruption which,
if left unchecked, will spread like a malignant tumor and ultimately consume the
moral and institutional fiber of our nation. The Plunder Law, indeed, is a living
testament to the will of the legislature to ultimately eradicate this scourge
and thus secure society against the avarice and other venalities in public
office.
These are times that try men’s souls. In the checkered history of this nation,
few issues of national importance can equal the amount of interest and passion
generated by petitioner’s ignominious fall from the highest office, and his
eventual prosecution and trial under a virginal statute. This continuing saga has driven a wedge
of dissension among our people that may linger for a long time. Only by responding to the clarion call for
patriotism, to rise above factionalism and prejudices, shall we emerge
triumphant in the midst of ferment. [Emphasis
Supplied]
The present case is the first of its kind to be filed charging the
highest official of the land, a former President, among others, of the offense
of plunder. Needless to state, the
resolution of this case shall set significant historical and legal
precedents.
Throughout the six years over which the court proceedings in this case
unfolded, this Court confronted numerous novel and complicated legal issues
(including the constitutionality of the plunder law, propriety of house arrest,
among others), heard lengthy testimonies from several dozens of witnesses from
both sides and perused voluminous documentary evidence and pleadings from the
parties. Considering the
personalities involved and the nature of the crime charged, the present case
aroused particularly intense interest from the public. Speculations on the probable outcome of
the case received unparalleled attention from the media and other sectors of
society. Indeed, the factual and
legal complexities of the case are further compounded by attempts to
sensationalize the proceedings for various ends.
However, this Court is ever mindful of its imperative duty to act as an
impartial arbiter: (a) to serve the interest of the State and the public in
punishing those who would so severely abuse their public office and those
private individuals would aid them or conspire with them and (b) to protect the
right of the accused to be only convicted upon guilt proven beyond reasonable
doubt. Thus, the decision of this
Court follows, upon no other consideration other than the law and a review of
the evidence on record.
STATEMENT OF THE CASE
AND THE PROCEEDINGS
__________________________
This case for plunder commenced with the filing on April 4, 2001 of the
Information which is quoted hereunder:
INFORMATION
The undersigned Ombudsman Prosecutor and OIC-Director, EPIB, Office of
the Ombudsman, hereby accuses former Joseph Ejercito Estrada, together with Jose
“Jinggoy” Estrada, Charlie ‘Atong” Ang, Edward Serapio, Yolanda T. Ricaforte,
Alma Alfaro, Eleuterio Tan a.k.a. Eleuterio Ramos Tan or Mr. Uy, Jane Doe a.k.a.
Delia Rajas, and John & Jane Does, of the crime of Plunder, defined and
penalized under R.A. No. 7080, as amended by Sec. 12 of R.A. No. 7659, committed
as follows:
That during the period from June, 1998 to January, 2001, in the
Philippines, and within the jurisdiction of this Honorable Court, accused Joseph
Ejercito Estrada, by himself and in conspiracy with his co-accused, business
associates and persons heretofore named, by taking advantage of his official
position, authority, connection or influence as President of the Republic of the
Philippines, did then and there willfully, unlawfully and criminally amass,
accumulate and acquire ill-gotten wealth, and unjustly enrich himself in the
aggregate amount of P4,097,804,173.17, more or less, through a combination and
series of overt and criminal acts, described as follows:
(a)
by receiving, collecting, directly
or indirectly, on many instances, so-called “jueteng money” from gambling
operators in connivance with co-accused Jose ‘Jinggoy’ Estrada, Yolanda T.
Ricaforte and Edward Serapio, as witnessed by Gov. Luis ‘Chavit’ Singson, among
other witnesses, in the aggregate amount of FIVE HUNDRED FORTY-FIVE MILLION
PESOS (P545,000,000.00), more or less, in consideration of their protection from
arrest or interference by law enforcers in their illegal “jueteng” activities;
and
(b)
by misappropriating, converting and
miusing for his gain and benefit public fund in the amount of ONE HUNDRRED
THIRTY MILLION PESOS (P130,000,000.00), more or less, representing a portion of
the One Hundred Seventy Million Pesos (P170,000,000.00) tobacco excise tax share
allocated for the Province of Ilocos Sur under R.A. No. 7171, in conspiracy with
co-accused Charlie ‘Atong’ Ang, Alma Alfaro, Eleuterio Tan a.k.a Eleuterio Ramos
Tan or Mr. Uy, and Jane Doe a.k.a. Delia Rajas, as witnessed by Gov. Luis
‘Chavit’ Singson, among other witnesses; and
(c)
by directing, ordering and
compelling the Government Service Insurance System (GSIS) and the Social
Security System (SSS) to purchase and buy a combined total of 681,733,000 shares
of stock of the Belle Corporatiion in the aggregate gross value of One Billion
Eight Hundred Forty-Seven Million Five Hundred Seventy Eight Thousand Fifty
Seven Pesos and Fifty Centavos (P1,847,578,057.50), for the purpose of
collecting for his personal gain and benefit, as in fact he did collect and
receive the sum of ONE HUNDRED EIGHTY NINE MILLION SEVEN HUNDRED THOUSAND PESOS
(P 189,700,000.00), as commission from said stock purchase;
and
(d)
by unjustly enriching himself in the
amount of THREE BILLION TWO HUNDRED THIRTY THREE MILLION ONE HUNDRED FOUR
THOUSAND ONE HUNDRED SEVENTY THREE PESOS AND SEVENTEEN CENTAVOS (P
3,233,104,173.17) comprising his unexplained wealth acquired, accumulated and
amassed by him under his account name “Jose Velarde” with Equitable PCI
Bank;
to the damage and prejudice of the
Filipino people and the Republic of the
CONTRARY TO LAW.
Various motions were filed by accused Former President Joseph Ejercito
Estrada (FPres. Estrada), Jose “Jinggoy” Estrada (Jinggoy Estrada), and Edward
In a Resolution promulgated on April 16, 2001, the
Court directed the prosecution to submit to the Court not later than April 18,
2001 the required affidavits, counter-affidavits, and supporting evidence as
well as other supporting documents accompanying the Information, which were
needed to determine the existence of probable cause for the issuance or
non-issuance of a warrant of arrest.
As directed, the prosecution filed on April 18, 2001 its Manifestation
and Compliance.
On April 19, 2001, the prosecution filed an Urgent Ex-Parte Motion to
admit Amended Information, which is quoted hereunder:
AMENDED
INFORMATION
The undersigned Ombudsman Prosecutor and OIC-Director, EPIB, Office of
the Ombudsman, hereby accuses former PRESIDENT OF THE PHILIPPINES, Joseph
Ejercito Estrada a.k.a. “ASIONG SALONGA” AND a.k.a. “JOSE VELARDE”,
together with Jose ‘Jinggoy’ Estrada, Charlie “Atong” Ang, Edward Serapio,
Yolanda T. Ricaforte, Alma Alfaro, JOHN DOE a.k.a. Eleuterio Tan
OR Eleuterio Ramos Tan or Mr. Uy, Jane Doe a.k.a. Delia Rajas, and John
DOES & Jane Does, of the crime of Plunder, defined and penalized
under R.A. No. 7080, as amended by Sec. 12 of R.A. No. 7659, committed as
follows:
That during the period from June,
1998 to January, 2001, in the Philippines, and within the jurisdiction of this
Honorable Court, accused Joseph Ejercito Estrada, THEN A PUBLIC OFFICER,
BEING THEN THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, by himself
AND/OR in CONNIVANCE/CONSPIRACY with his co-accused, WHO ARE
MEMBERS OF HIS FAMILY, RELATIVES BY AFFINITY OR CONSANGUINITY, BUSINESS
ASSOCIATES, SUBORDINATES AND/OR OTHER PERSONS, BY TAKING UNDUE ADVANTAGE OF HIS
OFFICIAL POSITION, AUTHORITY, RELATIONSHIP, CONNECTION, OR INFLUENCE, did
then and there willfully, unlawfully and criminally amass, accumulate and
acquire BY HIMSELF, DIRECTLY OR INDIRECTLY, ill-gotten wealth in the
aggregate amount OR TOTAL VALUE of FOUR BILLION NINETY SEVEN MILLION
EIGHT HUNDRED FOUR THOUSAND ONE HUNDRED SEVENTY THREE PESOS AND SEVENTEEN
CENTAVOS [P4,097,804,173.17], more or less, THEREBY UNJUSTLY ENRICHING
HIMSELF OR THEMSELVES AT THE EXPENSE AND TO THE DAMAGE OF THE FILIPINO PEOPLE
AND THE REPUBLIC OF THE PHILIPPINES, through ANY OR A combination
OR A series of overt OR criminal acts, OR SIMILAR SCHEMES OR
MEANS, described as follows:
(a)
by receiving OR collecting,
directly or indirectly, on SEVERAL INSTANCES, MONEY IN THE AGGREGATE AMOUNT
OF FIVE HUNDRED FORTY-FIVE MILLION PESOS (P545,000,000.00), MORE OR LESS, FROM
ILLEGAL GAMBLING IN THE FORM OF GIFT, SHARE, PERCENTAGE, KICKBACK OR ANY FORM OF
PECUNIARY BENEFIT, BY HIMSELF AND/OR in connivance with co-accused
CHARLIE ‘ATONG’ ANG, JOSE ‘Jinggoy’ Estrada, Yolanda T. Ricaforte, Edward
Serapio, AND JOHN DOES AND JANE DOES, in consideration OF TOLERATION
OR PROTECTION OF ILLEGAL GAMBLING;
(b)
by DIVERTING, RECEIVING,
misappropriating, converting
OR misusing DIRECTLY OR INDIRECTLY, for HIS OR THEIR PERSONAL gain and
benefit, public funds in the amount of ONE HUNDRED THIRTY MILLION PESOS
[P130,000,000.00], more or less, representing a portion of the TWO HUNDRED
MILLION PESOS [P200,000,000.00] tobacco excise tax share allocated for the
Province of Ilocos Sur under R.A. No. 7171, BY HIMSELF AND/OR in
CONNIVANCE with co-accused Charlie ‘Atong’ Ang, Alma Alfaro, JOHN DOE
a.k.a. Eleuterio Tan OR Eleuterio Ramos Tan or Mr. Uy, and Jane Doe
a.k.a. Delia Rajas, AND OTHER JOHN DOES AND JANE
DOES;
(c)
by directing, ordering and
compelling, FOR HIS PERSONAL GAIN AND BENEFIT, the Government Service
Insurance System (GSIS) TO PURCHASE, 351,878,000 SHARES OF STOCKS, MORE OR
LESS, and the Social Security System (SSS), 329,855,000 SHARES OF STOCK,
MORE OR LESS, OF THE BELLE CORPORATION IN THE AMOUNT OF MORE OR LESS ONE BILLION
ONE HUNDRED TWO MILLION NINE HUNDRED SIXTY FIVE THOUSAND SIX HUNDRED SEVEN PESOS
AND FIFTY CENTAVOS [P1,102,965,607.50] AND MORE OR LESS SEVEN HUNDRED FORTY FOUR
MILLION SIX HUNDRED TWELVE THOUSAND AND FOUR HUNDRED FIFTY PESOS
[P744,612,450.00], RESPECTIVELY, OR A TOTAL OF MORE OR LESS ONE BILLION EIGHT
HUNDRED FORTY SEVEN MILLION FIVE HUNDRED SEVENTY EIGHT THOUSAND FIFTY SEVEN
PESOS AND FIFTY CENTAVOS [P1,847,578,057.50]; AND BY COLLECTING OR RECEIVING,
DIRECTLY OR INDIRECTLY, BY HIMSELF AND/OR IN CONNIVANCE WITH JOHN DOES AND JANE
DOES, COMMISSIONS OR PERCENTAGES BY REASON OF SAID PURCHASES OF SHARES OF STOCK
IN THE AMOUNT OF ONE HUNDRED EIGHTY NINE MILLION SEVEN HUNDRED THOUSAND PESOS
[P189,700,000.00], MORE OR LESS, FROM THE BELLE CORPORATION WHICH BECAME PART OF
THE DEPOSIT IN THE EQUITABLE-PCI BANK UNDER THE ACCOUNT NAME “JOSE
VELARDE”;
(d)
by unjustly enriching himself
FROM COMMISSIONS, GIFTS, SHARES, PERCENTAGES, KICKBACKS, OR ANY FORM OF
PECUNIARY BENEFITS, IN CONNIVANCE WITH JOHN DOES AND JANE DOES, in the
amount of MORE OR LESS THREE BILLION TWO HNDRED THIRTY THREE MILLION ONE
HUNDRED FOUR THOUSAND AND ONE HUNDRED SEVENTY THREE PESOS AND SEVENTEEN CENTAVOS
[P3,233,104,173.17] AND DEPOSITING THE SAME UNDER HIS ACCOUNT NAME “JOSE
VELARDE” AT THE EQUITABLE-PCI BANK.
CONTRARY TO
LAW.
On April 20, 2001, the Court in its Minute Resolution granted and
admitted the prosecution’s Urgent Ex-Parte Motion to Admit Amended Information
dated April 18, 2001.
On April 25, 2001, the Court promulgated its
Resolution which stated:
Xxx xxx xxx the Court
finds and so hold that probable cause for the offense of PLUNDER exists to
justify issuance of warrants for the arrest of accused Former President Joseph
Ejercito Estrada, Mayor Jose “Jinggoy” Estrada, Charlie “Atong” Ang, Edward
Serapio, Yolanda T. Ricaforte, Alma Alfaro, John Doe a.k.a. Eleuterio Tan or
Eleuterio Ramos Tan or Mr. Uy, and Jane Doe a.k.a. Delia
Rajas.
No bail is fixed for the provisional
liberty of the accused for the reason that the penalty imposable for the offense
of plunder under RA No. 7080, as amended by Sec. 12 of RA No. 7659, is reclusion perpetua to
death.
Director General Leandro R. Mendoza,
Chief of the Philippine National Police, shall implement the warrant of arrest
upon service to him by Mr. Edgardo A. Urieta, Chief of the Sheriff and Security
Services Division of the Sandiganbayan.
Once arrested, all the accused shall undergo the required processes and
be detained at the PNP
On the 25th day of April 2001, on the
basis of the said resolution, the Court issued an Order of Arrest and Hold
Departure Order for all the named accused in the present information. The Philippine National Police (PNP)
submittd its Report of Compliance dated April 25, 2001 which
stated:
1.
That in compliance with the Order of
Arrest issued by the Honorable Court in the above captioned criminal case,
accused Joseph E. Estrada and Jose “Jinggoy” Estrada, both residence of no. 1
Polk Street, North Greenhills, San Juan, Metro Manila voluntarily surrendered to
the undersigned on 25 April 2001 at about 3:00 o’clock PM at said residence in
the presence of their counsels.
2.
That right after their surrender, they were brought inside Camp Crame,
Quezon City for the required processes and pending further orders from this
Honorable Court they shall be kept in Camp Crame;
A Compliance/Return of Warrant of Arrest was also
filed on April 26, 2001 by P/Chief Superintendent Nestor B. Gualberto.
As to accused Serapio, the PNP’s Report of Compliance
reads in part:
2.
That one of the accused named therein, Atty. Edward S. Serapio,
surrendered to the Chief, Philippine National Police, through the Criminal
Investigation and Detection Group (CIDG) in Camp Crame, Quezon City on April 25,
2001 at about 9:45 PM where the required processes were administered to him and
pending further orders from this Honorable Court he shall be kept in Camp
Crame;
The Court, in its Minute Resolution dated April 26,
2001, set the arraignment of the detained accused on May 3, 2001 which was
cancelled due to the different motions filed by the accused. Accused Jinggoy Estrada filed his Motion
to Quash or Suspend dated April 24, 2001 and a Very Urgent Omnibus Motion dated
April 30, 2001. Among other
motions, accused FPres. Estrada filed his Motion to Quash dated June 7, 2001 and
accused Serapio filed his Motion to Quash (Re: Amended Information dated April
18, 2001) dated June 26, 2001. In
its Resolution dated July 9, 2001, the Court denied all the aforesaid motions to
quash and accused Jinggoy Estrada’s Very Urgent Omnibus Motion dated April 30,
2001. The Court’s Resolution dated
July 9, 2001 was sustained by the Honorable Supreme Court in the Decisions
rendered in Joseph Ejercito Estrada vs. Sandiganbayan (G.R. No. 148560, November
19, 2001) and Jose “Jinggoy” Estrada vs. Sandiganbayan (G.R. No. 148965,
February 26, 2002).
On July 10, 2001, the Court denied the motion to
defer filed by accused FPres. Estrada and Jinggoy Estrada and proceeded with the
arraignment of accused FPres. Estrada, Jinggoy Estrada, and Serapio under the
Amended Information. The
accused having refused to enter a plea, the Court entered a plea of not guilty
for all the three (3) accused.
Petitions for Bail / House
Arrest
With the detention of accused FPres. Estrada and
Jinggoy Estrada in
The Court on June 9, 2001, issued a Resolution
denying accused FPres. Estrada’s Urgent Ex-Parte Motion to Place on House Arrest
and issued an Order for the confinement of accused FPres. Estrada and Jinggoy
Estrada at
On March 17, 2004, FPres. Estrada filed a Motion to
Modify Custodial Arrangement dated March 17, 2004 and, on March 30, 2004, the
counsel de officio of accused FPres. Estrada filed a Manifestation dated March
29, 2004 informing the Court, among others, that the said accused was willing to
have his property in Tanay, Rizal placed under the control and supervision of
the Court and the Philippine National Police for the duration of his
detention.
On July 12, 2004, the Court issued a joint resolution
granting FPres. Estrada’s motion to modify Custodial Arrangement dated March 29,
2004 subject to the conditions imposed by the Court. Accused FPres. Estrada filed a Compliance
and Acceptance of Conditions on July 13, 2004. Since then, accused FPres. Estrada has
been detained in his property at Tanay, Rizal.
When the Court ordered the arrest and detention of
the accused in these cases, accused Serapio filed his petition for bail on April
27, 2001. Accused Jinggoy Estrada’s
petition for bail was included in his Very Urgent Omnibus Motion dated April 30,
2001.
Accused Serapio’s Petition for Bail was deferred indefinitely as prayed
for by the said accused while, on August 14, 2001, accused Jinggoy Estrada filed
an Urgent Second Motion for Bail for Medical Reasons dated August 16, 2001 which
the prosecution opposed. On
December 20, 2001, the Court issued its Resolution denying accused Jinggoy
Estrada’s Urgent Second Motion for Bail for Medical
Reasons.
Considering the denial of the said motion for bail
for medical reasons, accused Jinggoy Estrada, on April 17, 2002, filed an
Omnibus Application for Bail dated April 16, 2002. After hearing, the Court issued a
Resolution on March 6, 2003 which granted accused Jinggoy Estrada’s Omnibus
Application for Bail. The prosecution’s Motion for Reconsideration dated March
13, 2003 was denied in this Court’s Resolution dated April 30, 2003. The
aforesaid Resolutions granting bail to Mayor Jinggoy Estrada were upheld by the
Honorable Supreme Court in a Decision promulgated in G.R. No. 158754, People vs. Sandiganbayan (Special Division)
and Jose “Jinggoy” Estrada (August 10, 2007).
As to accused Serapio, the Court’s Resolution dated
September 12, 2003 also granted accused-movant Serapio’s Urgent Petition for
Bail dated April 27, 2001. The
Court fixed the amount of bail of accused Serapio and Jinggoy Estrada at Five
Hundred Thousand Pesos (P500,000.00) each which was to paid in cash.
While the case was already in the trial stage, on
January 4, 2002 the counsels for the accused Estradas wrote a letter to the
Acting Presiding Justice requesting for a re-raffle of the cases against the
accused, citing as grounds the continuing uncertain composition of the justices
handling the cases against the accused Former President, et al., at that time.
The prosecution filed its
Opposition to Request for Re-Raffle On January 9, 2002 and its
Comment/Suggestion on January 10, 2002 that a Special Third Division be
constituted to be composed of the present Presiding Justice, the only remaining
member of the Third Division to which the case was raffled, and two other
Sandiganbayan Justices who are not retirables within the next three (3)
years. Justice Anacleto Badoy, the
Chairman of the Third Division, was due to retire on October 2002, while Justice
Ilarde, the other member, retired on November 27, 2001. On January 11, 2002, the Sandiganbayan
En Banc issued its Resolution 01-2002 recommending to the Supreme Court that the
cases against accused FPres. Estrada, et al., be referred to a Special Division.
The Supreme Court on January 21,
2002 promulgated its Resolution Creating the Special Division of the
Sandiganbayan which shall hear, try and decide with dispatch the Plunder Case
and all related cases filed or may hereafter be filed against accused FPres.
Estrada, and those accused with him, until they are resolved, decided and
terminated. In the Special Division
of the Sandiganbayan, the Supreme Court retained, as Junior Member, the present
Presiding Justice who was then the only remaining member of the Third Division
to which the Plunder Case was raffled, and designated the then Presiding Justice
Minita V. Chico-Nazario, as Chairperson, and Associate Justice Edilberto G.
Sandoval as Senior Member. This was
not the first time that a Special Division of the Sandiganbayan was constituted
to try a case. A Special Division
was previously constituted to try and decide the Aquino-Galman cases in that
composition of the said Division was also maintained until the case was decided
notwithstanding the subsequent changes in the composition of the Division due to
promotions and/or retirement of its members.
During the same year, the counsel de parte of accused
FPres. Estrada and Jinggoy Estrada all withdrew their appearances. The Court on March 1, 2002, in order to
protect the rights and interest of the accused, appointed the Public Attorneys
Office (PAO) and those who have been recommended by the Board of Governor of the
Integrated Bar of the
Upon conclusion of the presentation of prosecution
evidence and after the Court have ruled on the offer of evidence of the
prosecution, accused FPres. Estrada, Jinggoy Estrada and Serapio filed their
respective motion for leave of court to file demurrer to evidence. In a Joint Resolution dated March 10,
2004, the Court granted accused FPres. Estrada’s Motion for Leave to File
Demurrer to Evidence in Criminal Case Nos. 26905 and 26565 while it denied the
same motion of all the accused in Criminal Case No. 26558 for lack of merit.
Subsequently, the Demurrer to
Evidence of accused FPres. Estrada was filed. In its Joint Resolution dated July 12,
2004, the Court resolved to deny FPres. Estrada’s Demurrer to Evidence in
Criminal Case No. 26905 but granted the Demurrer to Evidence of FPres. Estrada
in Criminal Case No. 26565.
After the presentation of the evidence for accused
FPres. Estrada and Jinggoy Estrada, accused Serapio manifested that he opted not
to present his own evidence but adopted the evidence presented by FPres. Estrada
and Jinggoy Estrada. The said
accused then formally offered their evidence. The Court issued its resolution on the
formal offer of evidence for accused FPres. Estrada, Jinggoy Estrada and
Serapio. On the other hand, the
prosecution manifested that it was not presenting any rebuttal evidence but
formally offered additional evidence and tendered excluded evidence in its
Supplemental Formal Offer of Exhibits [Re: Exhibits Identified, Presented, and
Marked during the Cross Examination of Defense Witnesses] with Tender of
Excluded Evidence dated March 29, 2007.
The Court issued its Minute Resolution dated April 19, 2007 on the said
additional offer of evidence of the prosecution.
In an Order dated May 9, 2007, the Court gave the
parties a period of time to file their respective memoranda and scheduled the
Oral Summation requested by accused FPres. Estrada and Jinggoy Estrada on June
15, 2007. After the Oral Summation,
the case was submitted for decision.
Incidentally, on November 10, 2006, the National
Bureau of Investigation filed its Return of “Alias” Order of Arrest, informing
the Court that one of the accused in this case, Atong Ang was extradited from
the
On January 24, 2007, when the case was scheduled for
Pre-Trial only for accused Atong Ang, the prosecution and the said accused,
assisted by his counsel, manifested in open court that they had executed a Plea
Bargaining Agreement. The Court’s
Resolution dated March 14, 2007 approved the Plea Bargaining Agreement entered
into by the parties.
On March 19, 2007, during accused Atong Ang’s
re-arraignment, the said accused pleaded guilty to a lesser offense of
Corruption of Public Officials under Article 212 in relation to Article 211 of
the Revised Penal Code. On the same
day, the Court rendered its decision against accused Atong Ang sentencing said
accused to “two (2) years and four (4) months of prision correccional minimum,
as minimum, to six (6) years of prision correccional maximum, as maximum, and to
pay the amount of P25,000,000.00 to the Government as his civil liability”. Accused Atong Ang immediately filed a
Petition for Probation (with Motion to Deduct Period of Preventive Imprisonment
from the Term of Imprisonment and to Post Bail Pending Resolution thereof) which
the Court granted in a Resolution dated May 25, 2007. Accused Atong Ang is now under
probation.
STATEMENT
OF THE STIPULATIONS
OF THE
PARTIES AT PRE-TRIAL
________________________________
After the arraignment of the accused, the pre-trial was conducted which
led to the issuance of the Amended Pre-Trial Order dated June 14, 2001, quoted
in part hereunder:
When this case
was called for pre-trial on September 3, 2001, accused JOSEPH EJERCITO ESTRADA,
JOSE “Jinggoy” P. ESTRADA appeared, assisted by counsels, Atty. Jose B.
Flaminiano, Atty. Cleofe Villar-Verzola, Atty. Rene A. V. Saguisag and Atty.
Raymond Parsifal A. Fortun. Accused Edward S. Serapio likewise appeared,
assisted by his counsels, Atty. Sabino Acut, Jr. and Atty. Martin Israel L.
Pison. The People was represented by Ombudsman Aniano A. Desierto, Deputy
Ombudsman Margarito P. Gervacio, Jr., Deputy Special Prosecutor Robert E.
Kallos, Ombudsman Prosecutor III Antonio T. Manzano and Humphrey T.
Monteroso.
The accused Estradas and Edward S. Serapio submitted their WAIVER OF
APPEARANCE dated September 3, 2001 stating as follows:
Accused Joseph Estrada, Jose “Jinggoy” Estrada and Edward S. Serapio
hereby waive their appearance during the pre-trial and the trial of this case
subject to the conditions that:
a)
whenever his/her/their name/s/are
mentioned at any stage of the proceedings of this/ these case/s whether in
testimonial or documentary evidence, such name/s refer/s to his/her/them;
and
b)
whenever his/her/their appearance
shall be require by the Court at any time, they will appear, otherwise warrant/s
shall issue for their arrest.
The aforementioned three (3) accused verbally manifested in open Court
that they fully understand and agree with their conditions contained in their
Waiver of Appearance.
Xxx xxx
xxx
The prosecution, the accused Estradas and accused Serapio agreed to
stipulate on the following facts, as proposed by the prosecution to
wit:
1.
That accused Joseph Estrada
(“Estrada” for short) took his oath of office as President of the Republic of
the
2.
That accused Joseph Estrada is
married to Dra. (now Senator) Luisa P. Ejercito; [cf. Proposal No. 2 (For all
Specifications) of accused Estrada’s Proposed Stipulation of Facts of the
defense dated 01 August 2001];
3.
That accused Jose “Jinggoy” Estrada,
Jr. (“Jinggoy” for short) is the son of accused Joseph Estrada; [cf. Proposal
No. 3 (For all Specifications) of accused Estrada’s Proposed Stipulation of
Facts of the defense dated 01 August 2001;
4.
Edward S. Serapio is a lawyer and a
former professor of law at the Ateneo de Manila University School of Law; [cf.
Proposal No. 1 of accused Atty. Edward Serapio’s Request for Stipulation of
Facts and Admission of Documents dated 01 August 2001;
5.
On April 29 1999, Atty. Serapio was
appointed by President Joseph Estrada as Presidential Assistant for Political
Affairs with the rank of Undersecretary. [cf. Proposal No. 2 of accused Atty.
Edward Serapio’s Request for Stipulation of Facts and Admission of Documents
dated 01 August 2001;
6.
He accepted such appointment. [cf.
Proposal No. 2. 1 of specification of accused Atty. Edward Serapio’s Request for
Stipulation of Facts and Admission of documents dated 01 August
2001.
The other stipulations of facts
proposed by the accused Estradas and admitted by the prosecution
were:
1.
That From 1998-2001, Mr. Luis
“Chavit” Singson was elected Governor of the province of Ilocos Sur; [cf.
Proposal No. 6 (For all Specifications) of accused Estrada’s Proposed
Stipulation of Facts of the defense dated 01 August 2001];
2.
That the amount of P40 Million was
withdrawn by a person representing herself to be accused Alma Alfaro from Land
Bank of the Philippines-Shaw Branch on 28th August 1998; [cf.
Proposal No. 5 of specification (b) of accused Joseph E. Estrada and Jose
“Jinggoy” Estrada’s Stipulation of Facts and Admission of Documents dated 01
August 2001.
The accused Estradas proposed and
the prosecution admitted the following stipulation of
facts:
1.
That accused Joseph Estrada
personally knows Mr. Rodolfo “Bong”
Pineda; [cf. Paragraph 13 of the Prosecution’s Additional Stipulation of Facts
dated 01 August 2001];
2.
That accused Joseph Estrada
personally knows “Atong” Ang; [cf. Paragraph 17 of the Prosecution’s Additional
stipulation of Facts dated 01 August 2001];
3.
That accused Joseph Estrada
personally knows Mr. Lucio Co; [cf. Paragraph 23 of the Prosecution’s Additional
Stipulation of Facts dated 01 August 2001];
4.
That accused Joseph Estrada
personally knows Mr. Jaime Dichaves; [cf. Paragraph 24 of the Prosecution’s
Additional Stipulation of Facts dated 01 August 2001];
5.
That accused President Estrada is a
close and childhood friend of Carlos A. Arellano; [cf. Paragraph 1 Re: Belle
case of the Prosecution’s Additional Stipulation of Facts dated 01 August
2001];
6.
That accused President Estrada
appointed Carlos A. Arellano as Chairman of the Social Security System on July
1, 1998; [cf. Paragraph 2 re: Belle case of the Prosecution’s Additional
Stipulation of Facts dated 01 August 2001];
7.
That Carlos A. Arellano was
appointed by accused President Estrada as President and Chief Executive Officer
of the Social Security System; [cf. Paragraph 3 re: Belle case of the
Prosecution’s Additional Stipulation of Facts dated 01 August
2001];
8.
That accused President Estrada knew
of the existence of Belle Corporation; [cf. Paragraph 7 re: Belle case of the
Prosecution’s Additional Stipulation of Facts dated 01 August
2001];
Proposed Stipulation of Facts of the prosecution admitted by accused
Serapio:
1.
That Erap Muslim Youth Foundation
(hereinafter the “Foundation”) has
a huge fund of more than P211 Million.
The only issue that was raised by
the parties for resolution is whether or not accused JOSEPH EJERCITO ESTRADA,
JOSE “Jinggoy” P. ESTRADA and ATTY. EDWARD S. SERAPIO are guilty of the offense
charged in the Amended Information.
The accused Estradas raise also the
issue of whether or not the allegations in the information would constitute the
crime of plunder as defined by R.A. No. 7080. (
The evidence submitted by the prosecution and the defense in support of,
or in denial, of the speculations of the predicate acts adverted to in each of
the paragraphs are discussed hereunder in seriatim:
EVIDENCE
PRESENTED:
RE:
SUB-PARAGRAPH A OF THE
AMENDED
INFORMATION
____________________________
(a) by
receiving OR collecting, directly or indirectly, on SEVERAL INSTANCES,
MONEY IN THE AGGREGATE AMOUNT OF FIVE HUNDRED FORTY-FIVE MILLION PESOS
(P545,000,000.00), MORE OR LESS, FROM ILLEGAL GAMBLING IN THE FORM OF GIFT,
SHARE, PERCENTAGE, KICKBACK OR ANY FORM OF PECUNIARY BENEFIT, BY HIMSELF
AND/OR in connivance with co-accused CHARLIE ‘ATONG’ ANG, JOSE
‘Jinggoy’ Estrada, Yolanda T. Ricaforte, Edward Serapio, AND JOHN DOES AND
JANE DOES, in consideration OF TOLERATION OR PROTECTION OF ILLEGAL
GAMBLING;
The alleged co-conspirators of accused Former
President Joseph Ejercito Estrada named in this paragraph (a) are: Charlie
“Atong” Tiu Hay Sy Ang (Atong Ang), Jose “Jinggoy” Estrada, Yolanda T. Ricaforte
(Ricaforte) and Edward S. Serapio. The paragraph also refers to unidentified
co-conspirators by the usual “Jane Does” and “John Does”.
I.
EVIDENCE FOR THE PROSECUTION
The principal witness of the prosecution in this
first specification of the predicate acts of plunder is Former Ilocos Sur
Governor Luis “Chavit” C. Singson. He testified extensively on the charge
that FPres. Estrada accumulated ill-gotten wealth in the above-mentioned amount
through the monthly remittance to him of seems of money collected from
operations of illegal gambling, commonly known as “jueteng”, based in the
different provinces of the country allegedly in consideration of the prosecution
or unimpeded operation of said illegal gambling.
The gist of the testimony of Singson relative to
paragraph (a) of the Amended Information is set forth
hereunder:
GOVERNOR
LUIS “CHAVIT” CRISOLOGO SINGSON
(Gov. Singson) was 61 years old, married, a businessman, and a resident of
(1) the
collection of jueteng protection money from November 1998 to August 2000, in the
amount of Five Hundred Forty Five Million Pesos (P545,000,000.00) more or less
and the amount of Two Hundred Million Pesos (P200,000,000.00) also from the said
illegal gambling protection money; and
(2)
misappropriation, diversion and conversion for his personal gain as
benefit public funds in the amount of
One Hundred Thirty Million Pesos (P130,000,000.00) more or less,
representing a portion of the Two Hundred Million pesos (P200,000,000.00)
Tobacco Excise Share allocated for the Province of Ilocos Sur under Republic Act
No. 7171.
Gov. Singson was also presented by the prosecution to
prove that Jinggoy Estrada and Serapio conspired with and/or acted as
co-principals by indispensable cooperation of FPres. Estrada in the running of
the illegal numbers game of jueteng and in the receipt by FPres. Estrada of
jueteng protection money; that accused Jinggoy Estrada regularly collected
jueteng protection money every month from January of 1999 to August 15, 2000, as
an indispensable part of the amassing and accumulating ill-gotten wealth by
principal accused FPres. Estrada and as part of the series and/or combination of
overt or criminal acts constituting the crime of plunder; that Serapio conspired
with FPres. Estrada and the other accused in receiving the Two Hundred Million
Pesos (P200,000,000.00) which came from jueteng operations and in hiding and/or
laundering the same through the banking system and that Serapio was the personal
lawyer of FPres. Estrada and that in furtherance of the conspiracy he set up
various juridical entities to mask and/or hide various illegal proprietary and
business interests of FPres. Estrada.
Gov. Singson would also identify certain documents, checks, pictures and
other facts relevant to the foregoing, which tend to prove the combination
and/or series of overt and criminal acts, constitutive of the crime of plunder
(and to oppose the petition for bail of Jinggoy Estrada. Gov. Singson’s testimony was also
offered to prove the illegal use of alias). [TSN dated July 17, 2002, pp.
168-174]
Gov. Singson testified that he was called by FPres.
Estrada at his house in
According to Gov. Singson, the day after the
aforementioned meeting, Atong Ang started meeting with the jueteng operators in
his office near the municipal hall of San Juan. [Ibid, p. 188] Atong Ang and the operators were
bargaining how much protection money from each province will be given to FPres.
Estrada. [Ibid, p. 193] After the
final talk, they started collecting jueteng protection money, specifically from
August of 1998. [Ibid, p. 203]
Gov. Singson knew FPres. Estrada for almost thirty
(30) years before August of 1998.
FPres. Estrada was not yet a mayor but a movie actor as Gov. Singson’s
mother was a producer. [Ibid, p. 191]
Gov. Singson first met Atong Ang at the cockpit and gambling places. He
had known Atong Ang for a long time even when FPres. Estrada was still the Vice
President. According to Gov.
Singson, Bong Pineda was a close “compadre” of FPres. Estrada while his son,
Jinggoy Estrada, was Bong Pineda’s godson by marriage. [Ibid, p. 197]
Gov. Singson claimed that he was present in not all but several meetings
of Atong Ang with the jueteng collectors.
He was present when there was an agreement on the three percent (3%) of
total collections in every province, as fixed by Atong Ang. [TSN dated July 22,
2002, pp. 12-13] Jueteng money was
delivered to FPres. Estrada initially every end of the month, starting September
of 1998 and later every 15th and at the end of the month. [Ibid,
p.14]
On October of 1998, Gov. Singson and Atong Ang
brought the jueteng protection money of about Nine Million Pesos (P9,000,000.00)
for the said month to FPres. Estrada at his house, in
Gov. Singson continued the collection as instructed
by FPres. Estrada, still with the help of Atong Ang, from November of 1998 until
August of 2000. The amounts of
money collected from jueteng during the said period were listed in the ledger
per month and per province. The
ledger also listed the expenses paid for using the jueteng protection money.
[Ibid, pp. 24-27]
Every fifteen (15) days, Gov. Singson himself delivered protection money to FPres. Estrada in the amount of Five Million Pesos (P5,000,000.00) or a total of Ten Million Pesos (P10,000,000.00) every month. Emma B. Lim delivered once the jueteng money to FPres. Estrada in Malacañang. The protection money was delivered usually in cash but sometimes in check.