Businessman Jaime Dichaves insists that his indictment for plunder must be junked, reiterating that the findings of the Sandiganbayan Special Division that the Jose Velarde account was owned by ousted President Joseph Estrada.
Sandiganbayan’s September 12, 2007 decision that convicted Estrada of plunder also declared the former chief executive was the beneficial owner of the Velarde account. However, Estrada insists to this day that the account was not his Dichaves’s.

In a reply filed on August 15 through lawyer Pacifico Agabin, Dichaves said that the anti-graft court’s decision finding Estrada guilty had also cleared him of criminal liability on the issue.

“…(A)s the Honorable Court found in its decision in this case dated September 12, 2007, accused Dichaves was not the owner of the Velarde account and therefore there is no basis for any finding on(sic) probable cause against him,” the 14-page reply stated.

He also urged for the recall of the arrest warrant issued in 2001 by the Sandiganbayan, challenging the basis of his inclusion as defendant on the plunder case.

He said the Ombudsman did not gave him a chance to refute the allegations, citing that there was no proper preliminary investigation in his case because he has left the Philippines before the filing of any complaint implicating him.

Agabin pointed out that his client was not included among the accused when the plunder information was filed on April 4, 2001 as the panel—led by Deputy Special Prosecutors Robert Kallos and John Turalba—claimed that Dichaves left to escape prosecution  and is using his absence as an excuse to avoid facing trial.

It was only Eleuterio Tan who was added as a co-defendant of Estrada despite the Ombudsman having filed an Amended Information on April 19, 2001.

“…(I)t was only on September 20, 2001 that the Prosecution filed with the Honorable Court a Motion to further amend the Amended Information in this case to include accused Jaime Dichaves. And it was only on October 30, 2001 that the accused Dichaves was included in the specific Criminal Case No. 26558 for Plunder,” Agabin explained.

The Dichaves camp claimed that the prosecutors are attempting to deceive the said court after saying that there is no longer a need for a probe to determine Dichaves’s participation: “This position of the Prosecution is inaccurate and deceptive because while it is true that there was a preliminary investigation in this case, there was none involving the accused Dichaves.”

Reports point out Dichaves was accused of delivering Estrada’s profit commission amounting to P189.7 million deposited in the “Jose Velarde” account at the Equitable-PCI Bank.