Sandigan may rule sooner on Estrada case; acquittal 'unlikely'

The anti-graft court, Sandiganbayan, has 90 days or until mid-September 2007 to decide whether to convict or acquit former President Joseph Ejercito Estrada in his trial for plunder, but the decision could be issued much sooner than that. A lawyer familiar with the case says the Supreme Court’s July 3 decision to reject the appointment of Gregory Ong as an associate justice of the Supreme Court sets the stage for the conviction of Estrada. Sandiganbayan Presiding Justice Teresita De Castro, who heads the anti-graft court’s special division on the plunder case, and Sandiganbayan Associate Justice Francisco Villaruz, one of three members of the special division, are both nominees for the vacancy in the Supreme Court. Estrada’s conviction is said to help them in their bid to become the fifteenth member of the high court. De Castro is one of the top contenders, based on the evaluation of the Judicial and Bar Council. “De Castro is hoping that she will be the one appointed because she has the highest number of votes," the source says. “Therefore, to get appointed to the Supreme Court, she will probably convict Erap." Another indicator that a decision could come sooner than later is the July 4 full-page paid advertisement—“Erap: Guilty or not guilty. Kailangan bang may gulo?" in at least five broadsheet daily newspapers urging the people to respect the Sandiganbayan’s decision in the plunder trial. “The Court has spoken. Our duty is to uphold the rule of law...Let us put Erap’s case behind us and move on. Let the rule of law prevail," the advertisement says. Estrada’s supporters accuse the Arroyo government of being behind this and of interfering in the judicial process. In case Estrada is found guilty and no pardon is granted, Estrada’s defense counsels are likely to file a motion for reconsideration at the Sandiganbayan. And in case that is denied, the next step is to file an appeal at the Supreme Court. Estrada says he will file an appeal if he is convicted. How long that would take is anybody’s guess, given the many legal tactics available. But any delay in the final judgment, which could mean a Supreme Court decision after the 2010 presidential elections, would be advantageous to Estrada if the next President comes from the opposition. Definitely, Not Acquittal Estrada—accused of stealing P4 billion from public funds—has made a plea for an acquittal. But this is the least likely decision of the Sandiganbayan. The reason is simple: the plunder law provides that the accused public official who gets acquitted is entitled to be reinstated. And the Arroyo government is certainly not going to allow Estrada’s return to the presidency. Former Senate President and public interest advocacy group Kilosbayan Chair Emeritus Jovito Salonga says an acquittal is far-fetched. He thinks the Sandiganbayan will convict Estrada of plunder since the “evidence is against him." “One reason why there cannot be acquittal is that the lawyers of Erap never filed a petition for bail. What they filed was a demurrer to the evidence. This means, assuming the whole evidence is right, he is still entitled to be acquitted. The court of Teresita de Castro denied the demurrer," says Salonga, who is also adviser-coordinator of the judiciary reforms advocacy group, Bantay Katarungan. Lawyer Arno Sanidad, a private prosecutor who has assisted public prosecutors in the Estrada plunder trial, explains this further: “After the prosecution presented its evidence, the defense then said, there’s no evidence. The Sandiganbayan said there was prima facie evidence. Prima facie evidence, unless rebutted, is sufficient to convict. So the court had findings at mid-stage that it was sufficient." Edicio de la Torre of the think-tank, La Liga Policy Institute, who served as Technical Education and Skills Development Authority director-general under Estrada, says the court cannot clear Estrada since it “will condemn the whole EDSA 2." Graft, Not Plunder Another possible legal outcome, though unlikely, says Salonga, is that the Sandiganbayan will find Estrada guilty, not of plunder but of violation of the Anti-Graft and Corrupt Practices Act. He says this was the “main motivation" of Estrada’s lead defense counsel, Estelito Mendoza, in his summation before the Sandiganbayan last June 15. If Estrada is convicted of graft, and the punishment is six years, Estrada can already be set free since he has spent more than six years under detention, mostly in his 14-hectare private estate in Tanay, Rizal. If the punishment is more than six years, Estrada’s lawyers can appeal and then file for bail. “The moment they file bail, it can be granted and Erap can be released on bail," Salonga says. Pardon? Salonga says that in the event Estrada is convicted of plunder, he will likely be pardoned by President Arroyo. “In the Philippines, by provision of the Constitution, you can be pardoned by the President only after you have been convicted. Now, GMA has been wanting to reconcile with almost everyone," he says. One of the campaign promises of Mrs. Arroyo is to “heal the wounds of Edsa 1, 2 and 3" and to achieve a “just closure" of “divisive issues." Unlike in the US, which allows the US President to pardon an offender even before conviction, a Philippine President can only grant “reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment." The President can grant either absolute or conditional pardon. If it is absolute, it is immediately effective. The Arroyo government might be thinking that a pardon could appease Estrada supporters. But Estrada told Newsbreak in a telephone interview that he will not accept a pardon from Pres. Arroyo. "No way. That's an acceptance of guilt." De la Torre says that given the result of the May 14 elections, where only two or three of Arroyo’s candidates won in the Senate, a more reconciliatory approach is likely. “I don’t think anyone in government is crazy to simply say, guilty and punish him, which means they will look for some kind of not-so-harsh-move." Salonga says a mini-rebellion in support of Estrada similar is unlikely to happen after the Sandiganbayan issues its verdict. “Whatever the court does, you cannot please the people. If you convict, the followers of Erap will not be pleased. If you do not convict, the middle and upper class will be against you. Will there be an EDSA 4? Maybe, the people are sick and tired of EDSA already." - Newsbreak