Saturday, September 15, 2007 Nalzaro: Political and legal remedies for Erap By Bobby Nalzaro Saksi
DESPITE the penalty imposed by the Sandiganbayan following his conviction for plunder, former president Joseph Estrada can still regain his freedom. It's not the end of the world for him, so to speak. He can avail of legal and political remedies.
The Sandiganbayan Special Division sentenced Erap to life imprisonment after finding him guilty beyond reasonable doubt in two of four counts of plunder filed by the Ombudsman against him. These were for receiving P545 million in gambling payoffs and P189 in commissions from the purchases of Belle Corp. shares of stocks using Social Security Services and Government Service Insurance System funds.
Prosecutors failed to convict Erap for allegedly misappropriating P130 million from tobacco excise tax intended for tobacco planters in the Ilocos provinces and the multi-billion-peso “Jose Velarde” account. The court said that the prosecution was not able to prove who among the accused benefited from the tobacco tax kickbacks and in what accounts.
The court added that the prosecution “failed to offer evidence on the alleged sources of the numerous deposits in the Jose Velarde account that belongs to former president Estrada.” The case for perjury stemming from allegations Erap lied in his 1999 statement of assets and liabilities was also dropped.
Estrada, however, should not worry because there are legal options available for him, like filing a motion for reconsideration with the Sandigan-bayan. This even if some legal luminaries say that it is next to impossible for the three justices to reverse their decision considering that it will be a big slap on their faces. Erap's lawyers can still offer new arguments and hope that it can prod the justices to reconsider.
If the motion for reconsideration is denied, Erap can go to the Supreme Court and ask it to reverse the Sandiganbayan decision. If a division affirms the anti-graft court’s ruling, there is still the Supreme Court en banc. In most instances, the High Court will no longer hold hearings but will only look into the facts and merits of the case.
But by then, President Arroyo may no longer be in power so she can no longer influence the judiciary, if indeed she can do so now. Note that the Sandiganbayan convicted former first lady Imelda Marcos in some graft cases but the Supreme Court reversed it. Marcos has remained free.
Meanwhile, if Erap swallows his pride and admits his guilt, he can avail of the presidential pardon offered by Malacañang. There's no point in him insisting on his innocence because he has already been convicted by a competent court.
If Erap will not accept Arroyo's pardon, then he can opt to wait for whoever will win in the 2010 presidential elections. The next president could be his political ally and thus pardon him. Presidentiables friendly to him are Sens. Ping Lacson, Manny Villar and Loren Legarda.
One other consolation for Erap is that the Sandiganbayan has allowed his continued detention in his rest house in Tanay, Rizal. Had he been sent to the National Bilibid Prison, the place would have been his Calvary.
