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By Jomar Canlas, Reporter
THE antigraft court may go after the assets of
Joseph Estrada’s mistresses and children if they are under the
former President’s name, an official said Sunday.
The Sandiganbayan has filed a writ of execution
against Estrada, saying his pardon for plunder does not cover his
civil liabilities.
“So long as the account is under the name of
Joseph Estrada,” such asset is covered by the forfeiture order of
Sandiganbayan, Clerk of Court Renato Bocar told The Manila Times on
Sunday.
He said the forfeiture is not limited to the
bank accounts of Estrada that were mentioned during his plunder
trial but to all the accounts registered under his name, whether
with his wife, or children or other persons.
“If it is a joint account with Joseph Estrada
and it appears that he is the absolute owner, even if it is in a
joint account, it is covered by the decision of the Sandiganbayan
Special Division once he fails to pay the amount involved in the
ruling,” Bocar explained.
“The amount involved in the decision must be
satisfied,” he said. Even if the former President is a joint
depositor with, for instance, Laarni Enriquez, the money in that
account will be taken in full, he added.
Bocar said permission to withdraw from the
account of people linked to Estrada will be determined by the type
of joint account—whether it is an “and,” “or” or
“and/or” account.
If the account is “or” or “and/or,” any
of the account owners can withdraw money from it—meaning the court
can take the money. But if it is an “and” account, there should
be permission from all account owners.
Bocar said there should not be any issue with
examining and garnishing the bank accounts of Estrada. The Bank
Secrecy Law doesn’t cover his accounts, since they are included in
the court decision and has been a subject of litigation, he added.
Boracay mansion
In the meantime, Sandiganbayan Sheriff Edgardo
Urieta said he was able to annotate into the title of the Boracay
mansion the levy of the antigraft court decision despite the
transfer of the title to the Quezon City government. It had seized
that property for nonpayment of the real property tax worth P1
million.
The Register of Deeds of Quezon City also issued
a letter to the city government that a notice of levy has been
filed.
The Sandiganbayan ordered the Quezon City
government to surrender the title or face a lawsuit.
Last Friday at the Sandiganbayan, Estrada
questioned writ of execution being implemented for the forfeiture of
his assets, filing a motion to quash it.
The motion points out that that “while the
decision of the Court includes forfeiture of a specific sum, the
plunder law limits this only to property derived or traceable to the
instruments or proceeds of the crime.”
Estrada’s motion asked the court that a status
quo order or a temporary restraining order be issued against the
sheriff’s office so as not to violate the former President’s
property and civil rights.
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