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The
country's Sandiganbayan wrote history Wednesday by declaring
deposed President Joseph "Erap" Estrada guilty of
plunder and life-sentenced to reclusion perpetua.
Though
not final and executory (subject to appeal), the decision
inflicted on the highest official of the land reflects the
world-wide trend of conviction of top national leaders accused
of graft and corruption.
In
its final notes, the Sandiganbayan recalled that the first
conviction of plunder was against a BIR clerk (Dominga Manalili)
so in nailing a Philippine president, it "dispensed justice
with an even hand."
The
verdict divided the nation's national opinion. Bohol reflected
that as a microcosm of the nation with 57% in approval and
47% in disagreement. The random survey was done through our
sister Station DYRD's top-rated public affairs programs: "Inyong
Alagad" and "Tagbilaran By-Nite."
Those
in approval cited the majesty of the law and justice in not
sparing the highest official who illegally amassed wealth.
They said it restored back some confidence in the Government.
Those who opposed it cited it was a "scripted decision
under political pressure." Others opined jueteng money
is not government funds unlike other cases with funds directly
coming from the government coffers.
The
oppositors asked why only Erap when there are many unattended
cases pending at the Sandiganbayan. These include the P165-million
Talibon Dam Scam which never gained ground despite the declaration
of the existence of prima facie evidence by the Visayas Ombudsman
against NIA officials.
The
Erap conviction was highlighted by close friends of the president
apparently turning against him: former buddy Governor Chavit
Singson of Ilocos Sur, Atong Ang, George Go of PCIB-Equitable
(through VP Clarissa Ocampo), former heads of GSIS and SSS
(Pascual and Arellano) and all Erap-appointed Supreme Court
Justices who voted against him on the Legitimacy Issue.
Motive
dubbed immaterial, the Sandiganbayan accepted Singson's testimony
as the then jueteng "chief recorder" - that Erap
took P123 million in jueteng protection money which was corroborated
by 500 bank documents which Singson had no control over.
Allegedly
P500 million of such dirty money found itself deposited in
Erap's Muslim Youth Foundation account of which only P200
million has been left.
The
Sandiganbayan was able to address the issue that Jueteng Money
is not government money.
Allegedly,
the "government coffers" of the "public treasury"
is only one of the six sources of illegal wealth that did
Erap in. The catch-all No. 6th source of illegal wealth is
summarized thus: "By taking undue advantage of official
position, authority, relationship, connection or influence
to unjustly enrich himself or themselves at the expense and
to the damage and prejudice of the Filipino people and the
Republic of the Philippines."
In
his own testimony Erap admitted the existence of jueteng and
its main players, did nothing about them and even accepted
what tantamount to "protection money" for an illegal
numbers game.
The
malversation of Tobacco Excise Funds was even clearer since
Government money tax collections were diverted by Singson
(upon orders) to Atong Ang, an Erap associate, in the amount
of P130 million to Landbank and Westmont Bank. They were later
withdrawn in favor of P70 million to Erap and P50 million
to relatives.
On
the other hand, the P189-million "commission" to
Erap from the purchase by two government-owned institutions
like the GSIS and SSS through the stock market of the shares
of financially decrepit Belle Resources Corporation was a
clear disadvantage to the Government who lost in the investment
to accommodate the kickback.
Finally,
there was the grand Jose Velarde Account at the PCIB which
was proven to be that of Erap's in the amount of anywhere
between P2.0 billion to P3.2 billion (the amount unsure because
the second envelope was never opened at the Senate).
Certainly
that amount cannot conceivably come from legitimate sources
on the basis of Erap's Statement of Assets and Liabilities.
Besides it only takes P50 million for a case to qualify as
Plunder.
Rendering
this landmark decision of Plunder, the Sandiganbayan stated
that circumstantial, not only direct, evidence will suffice
if the logical inference therefrom establishes "guilt"
beyond reasonable doubt.
As
a final note, the Sandiganbayan also noted that in many years
of trials, they have concluded that always: "the innocent
wants speedy trial; the guilty a delayed one."
Often
the Erap camp allegedly complained about the indecent haste
of the court proceedings.
The
Nation has accepted the verdict - with no violent rallies
nor dancing in the streets. Is there something wrong in that
scenario? Not really.
The
silence is an acceptance that guilt was established and the
conviction should serve as a warning to all - that no one
is above the law, and even the president cannot escape the
long hands of Justice. If not now, then eventually.
The
lack of merriment and euphoria is the fact that they realize
that Erap, saddled by his own lack of mental agility to hide
his crimes and passion was did in while (their) perceived
worse contemporary crooks and peers of Erap are scot-free.
Let's
start with the Marcoses, the Guiness-Book of Record holder
in kleptocracy, who are all scot-free and even now wants to
reclaim Lucio Tan's vast empire.
Allegations
of impropriety of the Kamag-anaks during Cory's time plus
the centennial project, privatization and power deals in the
FVR regime are huge and abysmally immoral. And now the wholesale
graft that made the country the most corrupt nation in Asia:
we will not enumerate them so as not to crowd this editorial
by sheer number and amount in the present GMA administration.
They
are all far bigger than the alleged P4-billion graft accused
against Erap. Poor guy doesn't even know how to cover his
tracks. But sed lex, dura lex.
The
shaky GMA government is dangling a Pardon or Amnesty but Erap,
smarter this time, is not biting. Doing so will prejudice
his case which is under appeal - to prove his innocence.
Further
Erap, smarter this time, cannot accept the handshake of the
pot who called him "black" - when the pot is darker
still.
How
will the Erap Saga ever end? Or has the second half just started?
"Guilty?"
Who really knows?
For
Comments: email to
bingo_dejaresco@boholchronicle.com Or editor@boholchronicle.com
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