JOSEPH ESTRADA

Charges filed

A few months after the January 2001 popular uprising that ousted Estrada, the Philippine Ombudsman filed two charges at the Sandiganbayan on April 4, 2001; one for plunder and the other for perjury. The plunder case consisted of four separate charges: acceptance of 545 million pesos from proceeds of jueteng, an illegal gambling game; misappropriation of 130 million pesos in excise taxes from tobacco; receiving a 189.7-million-peso commission from the sale of the shares of Belle Corporation, a real-estate firm; and owning some 3.2 billion pesos in a bank account under the name Jose Velarde. The minor charge of perjury is for Estrada underreporting his assets in his 1999 statement of assets and liabilities and for the illegal use of an alias, namely for the Jose Velarde bank account.

Estrada's son, Jinggoy Estrada, an incumbent senator, and Edward Serapio, his personal lawyer were his co-accused. Also charged were Charlie Ang, Yolanda Ricaforte, Alma Alfaro, Eleuterio Tan, Delia Rajas, and Jaime Dichaves, who was later added.

[edit]Arraignment and plea

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[edit]Prosecution's case

The Philippine government's prosecution team was led by Special Prosecutor Dennis Villa-Ignacio and other government lawyers. Their case against Joseph Estrada was based on the following:

[edit]Defense's case

Former President Joseph Estrada's defense panel, led by Atty. Estelito Mendoza, and composed of former Supreme Court justices and other celebrated Philippine lawyers based their defense on the following points:

President Estrada recalls the Arroyos plotting with the civil society and the military in January 2000, to take over a year later; The House of Representatives impeaching him without debate and voting; The Senate blue-ribbon committee not hearing him out; The Impeachment Court not citing for contempt the losers in a democratic debate and voting; and the Supreme Court conniving with the elite to swear in then-Vice-President Gloria Arroyo at noon of January 20, 2001, -(Manila Times, September 30, 2007)

1. The whole process is against the constitution. a) the legal possibility of removing a sitting president is by impeachment. Paguia, one of Estradas lawyers argues ,Former President Estrada was not convicted and removed by the Senate acting as an Impeachment Court, . Therefore it is unconstitutional to subject him to the jurisdiction of the Sandiganbayan.“ -(Manila Times, September 14, 2007)

b) the Supreme Court relied on a biblical, not constitutional passage, with President Estrada still in the Palace

c) the same Court created a special division for President Estrada (not done in the case of the Marcoses and the cronies and the military).

d)Actually, the plot to oust President Estrada was planned by the then-Vice president Arroyo who met with some political and religious leaders calling for a what she called "Transition Government" under her rule.

2. The Sandiganbayan did not find him guilty of stealing a single centavo of public money. (Manila Times, September 30, 2007)

Lead counsel Estelito Mendoza insisted there is no evidence Estrada received bribe money from jueteng lords. There was also no evidence he received commission money or checks from the Belle transactions. The one who admitted to receiving bribe money from gambling lords was former governor Chavit Singson of Ilocos Sur. But he was not charged as a co-conspirator. He ran for senator in May 2007 but lost.

3. Fabrication of evidence: Manrique, a former action officer of the Volunteers Against Crime and Corruption (VACC) , narrated in his affidavit how he, sometime in the last week of October 2001, was contacted by a lawyer(State Prosecutor Dennis Villa-Ignacio) who represented himself as a member of the prosecution team in the Estrada cases.

Manrique said the lawyer convinced him to file another perjury case against the deposed president since the original case filed by the Ombudsman was deemed to be weak and insufficient in evidence. The lawyer added Manrique’s complaint against Estrada had to be antedated to make it appear that even before the Ombudsman had filed his own case,

4. Saguisag, one of Estrada‘s lawyers said the defense will base its legal argument on the prosecution’s failure to indicate in the information that Estrada had received jueteng money “by reason of his public office,” “There was no allegation that it was received by reason of his public office. That’s one of the elements of plunder,” (inquirer, September 2007)

5. The Sandigan special graft court has an image problem. It is not perceived as being impartial or independent or even fair. Reynato Puno has one of the worst trust ratings for a public figure. (Manila Times September 12, 2007)

PANFILO LACSON

Two dangerous signs are emerging from Pnoy’s plan to appoint Sen. Ping Lacson as anti-crime czar Department of Interior and Local Governments (DILG) secretary.

First: Pnoy is showing his VERY LITTLE REGARD for law and justice. In the process, he is highlighting his HYPOCRISY in his highly-publicized and supposed adherence to transparency.

We all know that Lacson returned to the country using documents authorities had branded as forged or fake after a year or so in hiding.

The use of fake or forged documents is ILLEGAL.

But Lacson was NEVER EVEN INVESTIGATED for it. Pnoy DIDN’T ORDER any agency to probe the issue. He NEVER ATTACKED Lacson despite his government’s endless proclamation that ‘no one is above the law.’

Lacson got away with it as if HE HAD NEVER DONE ANYTHING WRONG in the first place. And now, this early, Pnoy is seriously considering him to be anti-crime czar or DILG boss, the TOP IMPLEMENTOR of the law.

What ‘no one is above the law’ is Pnoy and his boys are talking about?

Obviously, for Pnoy, it’s what he wants or who he wants that matters. He doesn’t give a shit with questions on truth, transparency or the reputation of his choice.

That’s wisdom or maturity, guys, Pnoy style.

Second: If Lacson will get away TOTALLY with using questionable travel documents for his return, WHAT WILL STOP HIM from doing anything he wants, legal or not, once he’s named anti-crime czar or DILG secretary?

Add to this the following:

Up to now, Lacson HAS NOT SHOWN anything outstanding in his performance as a senator – no landmark bills authored and enacted into law, no admirable record in the number of bills filed, no infrastructure or pro-poor project.

The only thing Lacson is known for as a senator is his exposes of supposed illegal acts committed by or involving former President Gloria Macapagal-Arroyo and her husband Mike.

Of which he NEVER GOT TO PROVE any beyond reasonable doubt.

So what is our guarantee that he will render a better and truly impartial performance as anti-crime czar of DILG head?

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Filipinos came to know him for his sterling and "no non-sense" leadership as Chief of the Philippine National Police.

As chief policymaker of the police organization, Senator Panfilo M. Lacson was responsible for the serious reforms in the PNP that had won the confidence of businessmen and foreign investors and the cooperation of the general public when he initiated closer coordination with other law enforcement agencies, here and abroad, in the fight against narcotics trafficking through supply constriction and demand reduction.

All of these were accomplished to bring back the old glory of the policeman.

The Filipino people rewarded Senator Lacson with a Senate seat in the May 2001 elections for his sterling performance as a public servant.

Born out of humble beginnings on June 1, 1948, in Imus, Cavite, Senator Lacson finished grade school at the Bayang Luma Elementary School and high school at the Imus Institute. Before he entered the PMA in 1967, he took up AB Philosophy at the Lyceum.

He carried the family name with pride and grew up to be a man of principles. His fascination with principles became more deeply embedded when he entered the PMA. He nourished these principles at the Philippine Constabulary, which he joined after graduating from the PMA.

He then joined the Philippine Constabulary - Integrated National Police Anti-Carnapping Task Force in 1986, and in 1988, be became the provincial commander of Isabela until 1989. That same year, he became provincial director of Laguna and held the post until July 1992.

As a legislator, Senator Lacson has learned fast and with certainty to carry the broad struggle of the Filipinos by heart. As a public servant, he has faithfully observed a personal credo - What is right must be kept right. What is wrong must be set right.

He primarily authored the Anti-Money Laundering Control Act of 2001, the Alternative Youth Training Course, an optional program for college students, and the Anti-Human Trafficking Act of 2001.

To date, Senator Lacson is working on legislation to fight the problem of terrorism through the passage of the Anti-Terrorism bill and to alleviate the condition of various sectors of society including students, contractual workers, barangay tanods, police, military and fire protection personnel.