The verdict: Estrada guilty of plunder, cleared of perjury

Ousted President Joseph Estrada, who once pulled off the biggest election victory in Philippine history, was judged "guilty beyond reasonable doubt" of plunder, and sentenced to serve up to 40 years in prison. Witnesses said the former leader cried when he heard the verdict on Wednesday after a landmark six-year trial on charges that he took bribes and kickbacks in office. Estrada was convicted of plunder - a capital offense - though the death penalty was abolished in June last year. He was acquitted of perjury for allegedly falsely declaring his assets. With credit for time served in detention, it was unclear when he might be eligible for parole. In the meantime, the court allowed Estrada to return to his Tanay, Rizal resthouse, instead of being hauled off to prison. Estrada, who called the verdict "a political decision" by "a kangaroo court," was also ordered to forfeit a mansion and more than P731 million ($15.5 million; euro11 million), plus interest, that were deposited into two bank accounts. "As expected, this Special Division was created to convict me," Estrada told journalists as he was led out of the courtroom. "What is important is the support of the people, and they have overwhelmingly acquitted me. This is a political decision," he said. The former president said he agreed to submit himself to the court and face the charges filed against him because the Sandiganbayan is the “only forum" where he could tell his side of the story. "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," special prosecutor Dennis Villa-Ignacio said. ''It shows that our judicial system really works.'' Riot police and troops kept hundreds of flag-waving Estrada backers several blocks from the Sandiganbayan, the antigraft court that the former action film star inaugurated before he was ousted in January 2001 by the country's second ''people power'' revolt. Security also was very tight around the presidential palace as President Gloria Macapagal Arroyo worried about a repeat of violent protests that followed Estrada's arrest in April 2001. Arroyo spokesman Ignacio Bunye appealed for calm. ''We hope and pray that the rule of law will prevail,'' Bunye said. ''Meantime, we have a country to run, an economy to grow and a peace to win. We hope that this sad episode in our history will not permanently distract us from this goal.'' Estrada's son, Sen. Jinggoy Estrada, and lawyer Eduardo Serapio were acquitted of all charges during the 10-minute court hearing. Estrada, who has continued to wear a wristband with the presidential seal in public - said before the verdict that he would appeal a conviction but did not immediately tell the court he would do so. ''This is the only forum where I could tell the Filipino people my innocence,'' a disappointed Estrada told reporters. ''That's why I took a gamble. I thought the rule of law will prevail over here. This is really a kangaroo court. This is a political decision.'' Rene Saguisag, one of Estrada's attorneys, added: ''In its heart of hearts, it was a case of guilt not proven.'' Estrada was accused of illegally amassing about P4 billion pesos (US$81 million; euro62 million) bribes and proceeds from illegal gambling, and falsely declaring his assets. The trial ran from October 2001 to June 15, 2007. Estrada has denied the charges and accused Arroyo of masterminding his removal in a conspiracy with leaders of the Roman Catholic Church and senior military officers. Speaking to The Associated Press just hours before he heard his fate, the 70-year-old Estrada said he was ready for the latest act in his presidency, which he often has called the ''last and best performance of my life.'' Estrada praised his political power base, the urban poor who reveled in his film roles as underdog heroes. ''I would have been nobody without the masses,'' he said. ''They were there in the past, during my stardom and my presidency, my trial and up to now, even when I was already detained.'' Estrada, who earlier rejected any suggestions of a pardon by Arroyo, said he feels he has been acquitted by the populace with the victories of candidates he backed in mid-term elections earlier this year. Jinggoy Estrada had predicted some kind of conviction for his father. ''If they'll acquit him, the first question of the people would be, what will happen to the sitting president?'' he said during an interview with dzBB radio, referring to Arroyo being sworn in as Estrada left the presidential palace. ''Her legitimacy would be questioned again. A lot of things would have to be undone if that happens. So in my opinion, they will really convict ... even without evidence.'' Charito Guinto stood in front of the court building, clutching a picture frame containing photos of Estrada and his friend Fernando Poe Jr., who finished second to Arroyo in the 2004 election and died of a stroke months later. ''Erap is really innocent,'' the 57-year-old Guinto said, referring to Estrada by his nickname. ''If the verdict is guilty, people will not stop from rallying to open the eyes of the justices.'' Estrada was accused of violating Republic Act No. 7080 for allegedly receiving P545-million protection money from jueteng operators; diverting P130-million tobacco excise tax share of Ilocos Sur; receiving P189.7-million kickback from Belle Corp. for GSIS, SSS purchase of P1.8-billion worth of shares of stocks and maintaining P3.23-billion "Jose Velarde" account with Equitable-PCIBank Binondo, Manila branch He was also charged with perjury or violation of Article 183, Revised Penal Code for alleged false declaration of his 1999 Statement of Assets, Liabilities and Net Worth. The verdict only covered accused Estrada, Jinggoy and Serapio as other co-accused were still at large have not been arraigned yet. The other accused were Yolanda Ricaforte, Jaime Dichaves, Alma Alfaro, Eleuterio Tan and Delia Rajas. According to court procedures, a trial cannot proceed unless an accused has been arraigned. The cases of the other accused will be archived until the court acquires jurisdiction over them through arrest or surrender. Meanwhile, another accused, Charlie "Atong" Ang was sentenced March this year to up to six years in prison on charges of corruption of a public official after entering a plea bargaining agreement He admitted delivering part of P130 million tobacco excise tax funds to Estrada's Greenhills residence and pocketing P25 million, which he would return to the government by offering his family's mansion at Corinthian Gardens in Quezon City in lieu of cash. At least 71 prosecution witnesses were presented throughout the Estrada plunder trial which include Juetenggate whistleblower and Ilocos Sur Gov. Luis "Chavit" Singson, who testified between July and September 2002; star witness Clarissa Ocampo, who testified in November 2002 and bank officials. The government lawyers rested their case in April 2003. Estrada’s lawyers started presenting their witnesses a year later. Among their 76 witnesses called by the graft court from September 2004 to June 2006 were bank officials, politicians, newspaper reporters, former justices, a prominent clergyman, and senator Jinggoy Estrada. Estrada himself took the witness stand 11 times from March to June 2006. Both the prosecution and the defense panels presented their closing arguments on June 15, 2007. Estrada has been detained for more than six years, while the plunder trial is ongoing. He has been allowed to visit his ailing 102-year-old mother, Doña Mary Ejercito, on some occasions. - GMANews.TV. with reports from the Associated Press