Seizure of Erap's assets to continue, as defense fails to secure TRO on forfeiture

The Sandiganbayan’s confiscation of known assets of former President Joseph Estrada will continue after lawyers for the deposed leader on Monday failed to secure a temporary restraining order against the forfeiture. In Monday’s hearing on Estrada’s motion for the junking of the writ of execution, the Sandiganbayan’s Special Division did not take any action on the request of Estrada’s lawyers for the court to issue a temporary restraining order (TRO) on the forfeiture. The court, however, agreed to hear oral arguments on the motion to quash starting December 5. In their request, Estrada’s lawyers claimed the writs signed by Executive Clerk of Court Renato Bocar and Special Division Clerk of Court Teresita Pabulayan went beyond the text of the court’s September 12 decision that promulgated a guilty verdict on Estrada for plunder and ordered the forfeiture of his ill-gotten wealth. Defense lawyers said that based on the verdict, the writ should have covered only the P545 million jueteng payola paid to Estrada. This includes the P200 million awarded to the Erap Muslim Youth Foundation (EMYF), the P189 million profit commission from the purchase by GSIS and SSS of Belle Corp shares and the Boracay mansion in New Manila, Quezon City. Estrada’s lawyers said the inclusion of their clients’ personal and real properties changed the forfeiture into ‘civil indemnity’ which represented a substantial variance with the letter of the court’s decision. Last week, the Sandiganbayan successfully recovered P215.84 million from the EMYF which amount is presently escrowed in a high-yield account at the Land Bank of the Philippines. - GMANews.TV