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By Jomar Canlas, Reporter
Second of two parts
Editor’s note: In the previous part, The
Manila Times discussed pardon, particularly under what conditions
can it be granted, and how does it apply to the present
circumstances of former President Joseph Estrada. He was convicted
by the Sandiganbayan for plunder.
The government prosecutor in the trial of former
President Joseph Estrada feels that a presidential pardon is too
early to be considered and ill-advised.
Earlier, Dennis Villa-Ignacio, special
prosecutor and head of the Office of the Ombudsman prosecution team,
told The Manila Times that he was against a pardon because that
would be like throwing away years of hard work. President Estrada
was convicted of plunder on September 12, after a six-year trial.
Villa-Ignacio said he feels bad about Malacañang’s
plans to grant pardon to Estrada since the case is not yet final and
executory, and that three competent justices of the Sandiganbayan
found the ex-president “guilty beyond reasonable doubt.”
“I feel bad about this. What happens to all of
the sacrifices we made? My findings is that President Estrada is
guilty beyond reasonable doubt by three Sandiganbayan justices, and
the case is not yet final,” Villa-Ignacio said.
The lead prosecutor in the Estrada Plunder trial
also argued that President Gloria Arroyo should not even consider
pardon for Estrada, since how can the President grant “mercy to
someone [Estrada] who is not asking for forgiveness.”
Villa-Ignacio also pointed out that the civil
liability of Estrada should not be forgotten as an attached penalty
meted out in the decision of the Sandiganbayan Special Division.
This means that even if Estrada is granted pardon, forfeiture
proceedings of the ex-president’s ill-gotten wealth will still be
pursued. Villa-Ignacio added even rulings by the Supreme Court are
clear that “forgiveness is not forgetfulness.”
In the Sandiganbayan Special Division’s ruling
in the Estrada case, the forfeiture of the following were ordered:
(1) P545,291,000 in interest and income earned,
inclusive of the amount of P200,000,000, deposited in the account of
the Erap Muslim Youth Foundation;
(2) P189,000,000, inclusive of interests and
income earned, deposited in the Jose Velarde Account; and
(3) Real property consisting of a house and lot
dubbed as “Boracay Mansion” located at #100 11th Street, New
Manila, Quezon City;”
Villa-Ignacio said giving an early pardon for
Estrada will set a “bad precedent” and “special treatment,”
that can be applied to other convicts of capital offenses. If Malacañang
insists in granting pardon, he said normal and regular procedures
should be followed like that applied to any other prisoner. This
means the case of Estrada should be first screened by the Board of
Pardons and Parole before being acted upon by the Office of the
President.
Estrada was convicted for the crime of Plunder
by the by the antigraft court, for collecting protection money from
the illegal numbers game, jueteng and getting commissions from the
trading of Belle Resources stocks. On the other hand, he was
acquitted on charges of Perjury for the nondeclaration of all of his
assets in his Statements of Assets and Liabilities. It was not
proven beyond reasonable doubt that he committed the latter said
crime.
Chief Presidential Legal Counsel Sergio Apostol
said Arroyo was open to granting an unconditional pardon to Estrada,
depending on the result of talks between Interior Secretary Ronaldo
Puno and the Estrada camp. This can result in Estrada being set free
by Christmas if both parties come to terms.
However, Estrada last week filed an appeal
before the Sandiganbayan, citing several grounds, including a
mistrial and denial of his rights. This means pardon is out of the
question for the moment, and whether Estrada will be free by
December will depend on how the Sandiganbayan acts on the
ex-president’s appeal.
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