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Surprise!
The P3,233,104,173.13, that the anti-graft court found stashed,
in the notorious Jose Velarde account, after a five year trial,
has dwindled to only P2,770.69.
Despite
the court's finding, ousted President Joseph Estrada lawyers
now say: "Sorry, we've already stashed away the P3.2
billion," Special Prosecutor Dennis Villa-Ignacio fumed.
"But you're welcome to take the P2,000."
Opened
with a one peso deposit, the "Jose Velarde" account
ballooned to P3,233,104,173.13 in just a year. Estrada claimed
Velarde was his crony Jaime Dichavez (who skipped town ahead
of the cops without leaving a forwarding address.) Nonsense,
said the court. The trial proved Estrada masqueraded as Jose
Velarde. Thus, the P3.2 billion should be forfeited.
Many
knowledgeable observers have long cautioned: Jose Velarde
(a.k.a Joseph Estrada) would hurriedly draw down that account,
after the plunder trial followed impeachment. And so it came
to pass.
"Erap
and his over-extended family had all of May 1998 to October
2007 to launder that money, (and) anything else ill-gotten
the Ombudsman had not uncovered (yet)," noted the New
York blog: "My National Disaster: the Republic of the
Philippines"..
"Erap
emptied those accounts long before conviction, and transferred
them to...who knows?," blog author ex-PCCG commissioner
Ruben Carranza worte. "It could be any of five mistresses.
Or the San Juan-sized community of children he sired. There
(was) enough plundered money to go around."
Naisahan
nanaman ang Pinoy. Are ordinary taxpayers, like us, stranded
with an empty bag again? The Marcoses, for example, funneled
funds to shell foundations in Lichtenstein, Bahamas, etc.
Assets were secreted in the name of cronies, like Lucio Tan,
claim Imee and Ferdinand Marcos Jr. The PCGG, under the late
Haydee Yorac, tracked down $846 million but the rest hasn't
been recovered. Nonetheless, Imelda gushed in an Inquirer
interview. "Why, we own practically all of the Philippines."
For
short term political gains, President Gloria Macapgal Arroyo
and minions unhooked Estrada, then twisting in the wind. "Noche
Buena, at the Estradas, was always fun," chortled Interior
Secretary Ronaldo Pono, as Malacañang rushed pardon
papers.
Ignored
were nitty-gritty items: settling of civil liabilities, time
frames, etc. Nor was there careful study of consequences.
Above all, prisoneros olvidades - those who lacked clout -
were forgotten, Catholic Bishops Conference president Angel
Lagdameo worried,.
Estrada
insists Malacanang gave absolute pardon. Yes, yes, yes, murmurs
Justice Secretary Raul Gonzalez. Thus, he can launder what
the court declared ill-gotten? But Malacañang and the
Solicitor General hedge, claiming the pardon was conditional.
So, what is this animal exactly?
The
muddling does not change the stark fact of emptied bank accounts.
"Bank documents show, without doubt, that the Boracay
Masion was purchased by money withdrawn from Jose Velarde's
account in the amount of P142 million," the court said.
But
Boracay Mansion, also ordered seized, has been cannibalized.
Kung
sino ang nagmamadali, ay siyang nagluluat," the Pilipino
proverb says. "He who hurries is delayed." The murk,
however, jacked up the gall of Erap's defense lawyers.
They
castiagated court and prosecutors. And why? For failing to
prevent Erap from hiding stolen money, of all things. :"Beforehand,
they should have protected accounts subject to this case,"
defense counsel Jose Flaminano pontificated. "They should
have anticipated events like this."
But
they did. Back in 2003, Ombudsman Simeon Marcelo sought Urban
Bank records of Jose Victor Ejercito. Sandiganbayan for example,
found that from Urban Bank trust account number 858, Ejercito
funneled P182 million into the Velarde account. Estrada's
personal secretary, Lucena "Baby" Ortaliza deposited
almost one billion pesos for a then shadowy Jose Velarde.
The
Estradas bucked the Ombudsman subpoenas in the Supreme Court.
They were trashed - in 2006. In an age where funds can be
transferred with the click of a computer mouse, that delay
has been fatal. Three years gives all the time for looted
funds to scram.
We
forget that Estrada is not an accused person presumed innocent.
"He is a convict, pardoned and freed from prison, but
not from forfeiture," the blog points out. But Erap ignores
this and claims: the law does not compel a plunderer (i.e.
Estrada) to pay value of what he stole. This is a forfeiture
of plundered assets, not a debt of money, Erap's lawyers
insist.
No
kidding? What exactly is being forfeited here? "Bank
accounts?" the blog asks "Or money that was once
there? If we take the argument of Estrada's lawyers seriously,
then all the People of the Philippines can get back from Estrada
is a broken piggy bank."
Erap
is trying to derail execution of the un-pardoned penalty of
forfeiture? If so doing, he'd keep the proceeds of plunder.
"Doesn't this constitute a continuing crime of money
laundering?" the blog asks. And it's coming from someone
who is making noises about running for Malacanang again.
Above
all how does Erap's position stack up against the example
set by Zacchaeus the tax collector. "Half of my goods
I give to the poor," he told the Master. "And if
I've cheated anyone, I pay back four times as much."
(E-mail:
juan_mercado@boholchronicle.com)
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