Bayen's Living Room

September 12, 2007 is a historical day for the Philippines. For the first time in its long history, it has convicted through its legal justice system a former President of the republic. Joseph Estrada, former President from 1998-2001, was convicted, "beyond reasonable doubt" of plunder on 2 counts. He was acquited on his perjury case but the Special Division of the Sandiganbayan found Erap guilty of the crime of plunder. Plunder is a capital offense and the highest penalty for such a crime is death. Fortunately for Estrada, the Death penalty law has been repealed so Erap was given the minimum penalty of reclusion perpetua or 40 years of imprisonment with absolute disqualification in running for any public office. For Estrada's camp, the verdict came almost "unexpectedly". Even while found guilty, the former leader still claims his innocence and his family and supporters cry that the verdict was not a legal judgment but a product of political manuevering of the present Arroyo administration.

For the business sector and other civil societies, the Erap plunder case verdict is proof that our justice system works and that every criminal gets punished whether or not he or she is president of the republic. Immediately after the Guilty verdict was given, the Philippine Stock Exchange rose to over 30% and the Philippine peso strengthened against the U.S. dollar. Many in the business sector believes that Erap was indeed guilty of plunder.

The country nonetheless is divided as to their approval or disapproval of the verdict. As expected, the "masa" or the impoverished Filipinos, who were actually constant supporters of their movie idol Erap, could not believe that their idol was found guilty. For most students and young professionals interviewed by media, they were almost unanimous in saying that Erap was indeed guilty. Politicians were more cautious in their remarks, especially those who were once anti-Erap and just recently became pro-Erap, especially those who are having plans of running for 2010 and are intent of getting as much votes as possible, even if that vote would come from a pro-Erap voter.

I was closely observing the post-verdict scenario and I have so many insights learned.

1) I find it funny that many politicians have surely shown their true colors with regards to the Erap issue. Politicians like Vice President Teofisto Guingona and Senator Manny Villar. These two, among others, were the primary movers of the impeachment case filed against Erap in 2000, which led to the revolt and ouster of the ex-president in January of 2001. I find it hilarious when I listen to Guingona saying that he wishes Erap to be pardoned from his crime of plunder, considering that six years of detention were already enough. "Maawa naman kayo" (Have pity on Erap) was all that he could say. Pardon? For a Capital Offense? If Erap himself would not admit to such an offense, I see no sense in the giving of pardon, especially to a convict who is unrepentant and still adamant. And what happened to Guingona's principles? Just because it is politically convenient to be opposition now does not mean one has to throw away his principles. What we lack today are leaders who are consistent with their values and political principles. The same can be said with Manny Villar, whose dramatic submission of the impeachment case to the Senate led to the first ever impeachment hearing in Philippine history. He was hailed a hero and during the entire period of popular revolt, He was seen as a primary mover in the ousting of Erap. Now, he tells us that he sympathizes with Erap and could not believe that Erap was guilty. Hesusmariajosep! That I could no longer swallow.

2) I find it tragic that Erap's verdict, whether guilty or not, was perceived by many, especially those in Erap's camp to be more political than legal. I listen to the "masa" while being interviewed in the media, still defending their idol, saying "wala syang kasalanan...alam namin ang totoo...wala syang kasalanan" (Erap is innocent...we know the truth...he is innocent.). The truth is Erap was found guilty of receiving billions of kickbacks from illegal gambling. The courts wrote in their decision:

"The slew of bank documents, involving mind-boggling amounts of money and authenticated by competent and credible bank officers, convinces the Court that collection of jueteng money for former Pres. Estrada indeed took place and the entries in the ledgers were not manufactured by Gov. Chavit Singson.

Payments or disbursements of the jueteng protection money to persons related to or closely associated with for Pres. Estrada belie his denial that the funds accounted for in the ledgers belong to him.

Indeed, the Court cannot see why Gov. Singson would make such large and substantial payments in the form of checks drawn from his Metrobank account, to personalities such as William Gatchalian, Laarni Enriquez, Loi Estrada, or other intimate associates of former Pres. Estrada unless the money belonged to former Pres. Estrada and the funds were being disbursed according to his instructions.
....
Based on 2 sets of ledgers, the total jueteng collections for former Pres. Estrada from November 1998 to August 2000 amounted to P545,291,000."(Excerpts from the Sandiganbayan decision in Case No. 26558)

Erap fans I think do not really know the truth. They simply do not want to accept the truth: that their idol is a plunderer. By his own admission, Erap told the courts that he signed documents over the name of Jose Velarde. Now, why would somebody named Joseph Estrada sign over a name Jose Velarde if he is not Jose Velarde? And he tells the court that the Jose Velarde account was not his. Then why sign it, Mr. President? Why affix your signature over the name "Jose Velarde", if you are not Jose Velarde? Hesusmariajosep!

3) I find it amusing when Erap's family and supporters decry the result of the Sandiganbayan's findings. Erap himself calls the Sandiganbayan a kangaroo court. His lawyers, his wife, his sons, Rex Cortez and Armida Siquion-Reyna, all say they do not believe in the Justices and they see a political hand behind all of these. They almost indirectly question the competence and integrity of the Justices in their rendering a judgement over the case. Is there some way of citing them for indirect contempt of court? Of course you can always freely express yourself but once you question the competency and integrity of the court, isn't it grounds for at least indirect contempt? I am not lawyer so perhaps I need some enlightenment on this.

The next question now is, after pending the motion for reconsideration, should Erap be detained in Muntinlupa as dictated by law or will serve his sentence in his luxurious resthouse in Tanjay where he spent almost all of his 6 years while being detained throughout the duration of the case? Now this is where the political issue comes in.

Will the GMA government execute the strong arm of the law and bring Erap to Muntinlupa as all convicted criminals with capital offenses are brought?

Or will GMA be magnanimous and allow the former President to stay in his resthouse or even give him absolute pardon?

It seems the story of Erap is not yet over.