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Thursday, December 06, 2007
Anti-graft court stops seizure of Erap assets
MANILA -- The Sandiganbayan Special Division on Wednesday barred its own sheriff from enforcing the forfeiture of the real and personal assets of pardoned former President Joseph Estrada.
The anti-graft court issued the temporary restraining order (TRO) against Sandiganbayan Chief Sheriff Edgardo Urieta after hearing the arguments and counter-arguments on Estrada's motion seeking to quash the writs of execution for the confiscation of his assets.
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Under its new chairman Associate Justice Francisco Villaruz Jr., the Sandiganbayan said the TRO will remain in force until Estrada's motion is resolved.
"After hearing the arguments (of the parties), the court resolves to refrain Sheriff Ed Urieta from issuing garnishment (orders) and levy (of Estrada's personal assets) pending resolution of the motion to quash," Villaruz, who replaced former Sandiganbayan presiding justice now Supreme Court (SC) Associate Justice Teresita Leonardo de Castro, ruled in open court.
Villaruz, along with his members Associate Justices Diosdado Peralta and Rodolfo Ponferrada, held that Urieta may only cause in the meantime the forfeiture of properties enumerated in the court's September 12 decision convicting Estrada of a plunder charge.
Among the properties that were ordered forfeited in favor of the government include the P545.3 million that Estrada received as kickbacks from jueteng operations, the P189.7 million representing the commission that he got from the purchase of Belle Corp. shares by two government pension funds, and the house and lot dubbed "Boracay Mansion" in New Manila, Quezon City.
Urieta had started looking into the vehicles, bank accounts, and real estate properties in the name of the former President.
He claimed his office has been authorized under two writs of execution separately issued by Sandiganbayan Executive Clerk of Court Renato Bocar and Special Division clerk Ma. Theresa Pabulayan to levy Estrada's personal and real properties to satisfy the court's forfeiture ruling.
Urieta's office has so far only recovered P200 million from the bank account of the Erap Muslim Youth Foundation Inc., leaving a balance of over P500 million still to be collected.
It was also learned from Equitable-PCI Bank, now owned by Banco de Oro, that the infamous Jose Velarde account now only has a remaining balance of P2,770.69.
Government prosecutors said the account, at one point, held about P3.2 billion in deposits.
The court, in its September 12 guilty verdict, declared Estrada as the beneficial owner of the Jose Velarde account despite his repeated denials.
During Wednesday's hearing, Special Prosecutor Dennis Villa-Ignacio insisted that the government has a right to recover ill-gotten wealth of a convicted public official.
He also said the court is authorized to confiscate the personal properties of Estrada should he fail to settle his civil liability.
But Estrada's lawyer, Estelito Mendoza, argued that the very text of the plunder decision limited the recovery only to those funds and properties specifically identified by the court.
"What can be enforced is the decision as it reads. If the decision says it is on these (properties); it is these. There's nothing more. That cannot be altered by the court (Sandiganbayan) itself; not even the Supreme Court," Mendoza pointed out.
He added: "When the writ included the confiscation of other properties (of Estrada), that was already an alteration of the verdict."
However, Ignacio argued that if the court grants Estrada's motion and nullifies the writs of execution, it would be tantamount to condoning the "cunning" of a convicted plunderer in concealing his ill-gotten wealth.
He also cited the general writ of attachment the anti-graft court issued in 2002 covering all the assets of Estrada.
"It has not been repealed therefore it remains in force," said Ignacio.
The chief prosecutor also invoked Article 159 of the Revised Penal Code that governs the terms and conditions of the grant of pardon to a convicted person.
Ignacio pointed out that under the law, the executive clemency issued by President Gloria Macapagal-Arroyo to Estrada waiving the life term imposed on him by the court may be nullified on account of his failure to comply with the conditions therein.
"If he refuses to pay up, he shall serve the unexpired term of his sentence which, in this case, is reclusion perpetua," he said. (Sunnex)
For more Philippine news, visit Sun.Star Dumaguete. (December 6, 2007 issue)
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