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By Jomar Canlas Reporter
Former President Joseph Estrada
won a small victory at the Sandiganbayan on Monday after the
antigraft court granted his plea not to include his personal assets
in a forfeiture order.
The Sandiganbayan’s decision of
December 12, 2007, ordering the forfeiture of Estrada’s other
assets stays, however. Estrada was convicted of plunder but was
later pardoned by President Gloria Arroyo, who ousted him in 2001
after massive but peaceful protests.
The antigraft court disregarded a
contention of the prosecution that the forfeiture order can be
converted as money claims over Estrada’s other assets.
“This court cannot subscribe to
the theory of the prosecution that in forfeiting the monies, the
decision created a money judgment or a judgment for a sum of
money,” according to the court resolution. “This theory of the
prosecution removes the distinction between forfeiture as a penalty
and civil liability. Notably, in the decision of this court, there
was no adjudication of civil liability.”
The court also cited the failure
of the Office of the Special Prosecutor to file a separate civil
case for damages over Estrada’s assets. It said the forfeiture
order of September 12, 2007, when it convicted Estrada of plunder,
“does not constitute money judgment.”
“The prosecution has neither
reserved, waived nor presented evidence of damages which the movant
[Estrada] should have been made to answer,” the court added.
“The decision having become final, no determination of civil
liability can be made by the court at this time.”
The Sandiganbayan also was not
persuaded by another contention of the prosecution that Section 2 of
the Plunder Law on forfeiture “is not limited only to any and all
ill-gotten wealth and their interests but extends to other income
and assets.”
“In the event that the amounts
or property listed for forfeiture in the dispositive portion be
insufficient or could no longer be found, you are authorized to
issue notices of levy and/or garnishment to any person who is in
possession of any and all forms of assets that [are] traceable or
form part of the amounts or property which have been ordered
forfeited by this court,” it said.
Sandiganbayan Sheriff Edgardo
Urieta said he will abide with the court order and will not touch
the personal and real property of Estrada and those that are outside
the dispositive portion of the court decision.
Ureta added that he will talk
with the Bureau of Internal Revenue about a levy of distraint for
the taxes due over the bank accounts of Estrada.
Included in the September 12
decision is the forfeiture of P545,291,000, with interest and income
earned. This amount is inclusive of the P200 million deposited in
the name and account of the Erap Muslim Youth Foundation; the P189
million inclusive of interest and income earned, deposited in the
Jose Velarde account; and the real property consisting of a house
and lot dubbed as “Boracay mansion” in New Manila, Quezon City.
Urieta said P215 million of the
Youth Foundation account can be forfeited although the court had
ordered the forfeiture of the more than P545 million. The balance
shall be satisfied by forfeiting the same amount from the Jose
Velarde account.
Of the P189-million Velarde
account that shall be forfeited, he added, P95-million worth of it
in a trust account with Banco de Oro has been located.
Estrada earlier said his house on
Polk Street in Greenhills, San Juan City, and his Tanay rest house
in Rizal were built with his earnings as a movie actor, or before he
became president in 1998.
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