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VOL. LIII No. 035
City of Tagbilaran, Bohol, Philippines
Sunday, September 16, 2007
ADVERTISERS
Jala, Petalcorin deny
  cheating in May polls
Bohol solons "not
  informed" of probe
  by Congress on effects
  of seismic survey
Sec. Atienza warns DENR
  on corruption
Bohol Light franchise is
  illegal, Lim claims
OPINION
Obiter Dictum
Juan L. Mercado
Sundry
Fr. Roy Cimagala
One Voice
LINKS

 


 

 

 

 

 

 

 

 

 

 

   
  EDITORIAL
 
 


"GUILTY," THEY WROTE

   
 

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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