July 13, 2001, Manila Bulletin, Sandigan dismisses Erap jueteng case, by Edmer F. Panesa,

The Sandiganbayan's Third Division dismissed yesterday a case charging former President Estrada, his son Jinggoy, former mayor of San Juan, and two other persons with receiving P545 million in 'jueteng' money, acting on a motion of the Office of the Ombudsman to withdraw the case.

Aside from Estrada and Jinggoy, also cleared of violating Section 7 (d) of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials were alleged jueteng auditor Yolanda Ricaforte and ex-presidential legal adviser lawyer Edward Serapio.

Estrada and his three co-accused were charged with conspiracy for allegedly receiving a total of P545 million from November, 1998, to August, 2000, from former Ilocos Sur governor Luis "Chavit" Singson in bribe or protection money for illegal jueteng operations in the latter's and nearby provinces.

The Office of the Ombudsman had earlier filed the case, saying Estrada and his three co-accused violated the anti-gambling law which the Office of the President is duty bound to enforce.

In dismissing the case, the Third Division granted the Ombudsman's "ex-parte manifestation to withdraw information."

Associate Justice Ricardo M. Ilarde penned the two-page resolution which was concurred in by Assoiciate Justices Anacleto D. Badoy Jr. and Teresita Leonardo-De Castro.

"Considering that the court has yet to acquire jurisdiction over the persons of the accused and no warrant of arrest having been issued, no probable cause against the accused for the offense charged having been determined by the court, the said manifestation praying for the withdrawal of the information is hereby granted," the court ruled.

However, the Third Division clarified that the withdrawal was without prejudice to the refiling of the case in the future.

The case was one of the five charges filed against Estrada by and withdrawn by the Office of the Ombudsman. This brings to four the cases against Estrada and his other co-accused allowed withdrawn by the different divisions of the anti-graft court.

The other cases dismissed were three graft charges involving the alleged compelling of the Government Service Insurance System (GSIS) and Social Security System (SSS) to buy out multi-million shares of Belle Corp., the Best World (BW) Resources scam, and the P130-million tobacco excise tax diversion.

Of the cases sought to be withdrawn by the Ombudsman, only the graft case lodged before the First Division remains after the division chaired by Presiding Justice Francis E. Garchitorena rejected the prosecution's bid to withdraw the case which also involves the P130-million tobacco excise tax diversion.

Ambiguous

Republic Act 7080 or the Anti-Plunder Law is an ambiguous law as it has never been implemented before, according to a Sandiganbayan justice who spoke on the law on condition of anonymity.

"As far as the law (anti-plunder) is concerned, we are still in the process of exploring it. I may say that it is not clear because we haven't tried it before," the magistrate said.

Though there is already a precedent such as in the case of ex- Bureau of Internal Revenue (BIR) cashier Dominga S. Manalili who was convicted by the Quezon City Regional Trial Court for plunder, the justice said that nobody had dared to question the constitutionality of the law before.

The justice also challenged the lawyers of Estrada to raise question with the Supreme Court (SC).

"It is better for the lawyers of Estrada to raise all the questions now to the SC even if it takes time. What is important now is that if the constitutionality of the law is upheld, we can now move faster and smoothly in dealing with cases of plunder in the future," the justice said.

Doubt

MANILA (Reuters) - Former Philippine president Joseph Estrada, charged with a crime punishable by death, yesterday expressed doubt that he would get a fair trial.

Estrada also denied plotting to destabilise the government of President Gloria Macapagal Arroyo and said police reports that unnamed groups were plotting to assassinate him to sow chaos were fiction.

The former president spoke to Reuters by telephone from the Veterans Memorial Medical Center where he is undergoing treatment for bronchitis, emphysema, and arthritis while awaiting trial.

"They have no other choice," Estrada said when asked if he feared he would eventually be convicted of the plunder charge, which carries a penalty of death or life imprisonment.

"Look at it this way...if I am acquitted what happens? They have to reinstate me, which they will never allow," he said.

"You can see the actuations of the Sandiganbayan (anti-graft court). They are arbitrarily denying all our petitions," he said, referring to his petitions to be placed under house arrest and for his case to be re-investigated.

Estrada, who won the 1998 presidential election on the votes of the impoverished masses and who continues to claim their support, downplayed media reports that he was becoming less of a political issue now among Fililpinos.

"For as long as Erap is alive, the story continues," he said.

"Let's wait for the next chapter," he said.

"I don't know what they will do to me," Estrada said. "I am nearer to God now... I have time to mediate and I hear mass twice a week...I always pray that the courts will exercise fairness."