DEPOSED president Joseph Estrada will spend up to 40 years in prison.
After a six-year trial, the Sandiganbayan yesterday found him guilty of plundering about P4 billion in tax kickbacks and bribes while in office.
But the 70-year-old former president 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.
Estrada, who called the verdict “a political decision” by “a kangaroo court,” also was ordered to forfeit a mansion and more than P731 million, plus interest, that was deposited into two bank accounts.
Plunder is a capital offense punishable by either reclusion perpetua—a jail term of up to 40 years—or death. But the anti-graft court meted out the “lesser penalty” of imprisonment on Estrada, “there being no aggravating or mitigating circumstances.”
The court also ruled that the former president was also to “suffer perpetual absolute disqualification” from public office.
But it allowed Estrada to stay at his resthouse in Tanay, Rizal “until further orders.”
The ousted leader said he did not want any special treatment and he was ready to be sent to the National Penitentiary in Muntinlupa.
Two co-defendants—Estrada’s son, Sen. Jinggoy Estrada, and lawyer Eduardo Serapio—were acquitted of all charges during the 10-minute court hearing.
“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 supporters several blocks from the Sandiganbayan, the anti-graft court in Manila, which 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 Malacañang Palace as President Arroyo worried about a repeat of violent protests that followed Estrada’s arrest in April 2001.
Presidential 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, who has often called his presidency the “last and best performance of my life” and continued to wear a wristband with the presidential seal in public, said before the verdict that he would appeal a conviction. He has 15 days to 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 lawyers, added: “In its heart of hearts, it was a case of guilt not proven.”
Estrada was accused of illegally amassing about P4 billion bribes and proceeds from illegal gambling, and falsely declaring his assets. The trial ran from October 2001 to June 15.
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.
“Let the Estrada verdict serve as a stern warning against the current occupants of Malacañang who may end up with the same fate,” the leftist group Bayan said in a statement. “The President and her close associates have been accused of systematic corruption on a far bigger scale than Estrada.”
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.”
The financial markets welcomed the verdict. As the expected huge crowds of pro-Estrada protesters failed to materialize, investors discounted political turbulence and drove up the value of the peso as well as listed shares.
Outside the court several hundred people stood in the rain waving flags and banners in support of the deposed leader, who remains hugely popular among much of the nation’s disenfranchised.
Estrada, who made his name in more than 100 movies over three decades, cultivated an image of the everyday man who spoke in fractured English and was a champion of the poor.
When he was elected in 1998, it was with the largest majority in Philippine presidential history.
When he was ousted three years later, thousands of people laid siege to the presidential palace to reinstate him.
Arroyo called in troops to quash what she later said was an uprising aimed at toppling the government. Four people died in that incident, while over 100 were arrested.
Thousands of troops were on high alert Wednesday and extra forces placed on standby in military bases around Manila to aid police if necessary.
Schools near the court were ordered closed, and Arroyo was advised by her security staff to remain in the palace.
Former Ilocos Sur governor Luis “Chavit” Singson, principal witness in the plunder case, said the verdict was a vindication to everyone who was involved in the prosecution.
Singson said the prosecution presented tons of evidence and witnesses compared with the defense, particularly the Estrada camp, which he said engaged more in propaganda.
Vice President Noli de Castro called for sobriety and calm, and said he supports a presidential pardon for Estrada as “the first step towards national reconciliation.”
De Castro was quick to add, however, that pardon should not be equated as an admission of guilt, but rather “as an offer of reconciliation for the nation and of giving dignity to a former President.”
Chief Presidential Legal Counsel Sergio Antonio Apostol said the possibility of granting pardon to the 70-year-old Estrada due to old age is “exclusively her (Arroyo’s) private affair.”
“She’s the only one who can do that. And you know, the President usually keeps things close to her heart. She seldom talks about it,” Apostol said.
He doubted whether Estrada would be able to complete the 40 years of imprisonment that is provided for under the penalty of reclusion perpetua. (AP/AFP/SUNNEX)
