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ON THE OTHER HAND
Guilty
By Antonio C. Abaya
Written on Sept. 12, 2007
For the
Standard Today,
September 13 issue.



The day before, I had been interviewed on the telephone, separately, by the French news agency Agence France Presse, and by Ces Drilon on ABS-CBN.

They asked what I thought would be the verdict: guilty or not guilty?  Would he, perhaps, be found guilty of the lesser charge of perjury, and found not guilty of the major charge of plunder, as part of a deal? If the verdict is guilty, would civil unrest ensue? Etc.

My categorical reply was: Erap would be found guilty of plunder.

Not being a lawyer, I have no take on the strength or weakness of the evidence presented by the prosecution, or on the strength or weakness of his defense.

This was, aside from being a criminal trial, also a political trial. A not-guilty verdict would have been impolitic. It would lead to a possible challenge to the legitimacy of Gloria Arroyo�s presidency from 2001 to 2004, which could lead to a constitutional crisis 

Although at the height of EDSA 2, it was generally assumed that Joseph Estrada was deposed by spontaneous people power, triggered by the abrupt end of the impeachment proceedings at the Senate, we have since become aware that it was actually a military coup d�etat, put into play by a coterie of generals who had held previous meetings with then Vice-President Gloria Macapagal-Arroyo before they announced withdrawal of their support from President Joseph Estrada.

Even the formal proceedings that elevated Mrs. Arroyo to the presidency were dubious . I distinctly recall that when then Supreme Court Justice Hilario Davide was interviewed on television, he said that he was going to swear in Mrs. Arroyo as �acting president,� the implication being that she was going to be president only temporarily and that Estrada would be returned to the presidency after the political uncertainty created by his physical departure from the seat of power was sorted out.

But then the Supreme Court, including CJ Davide, meeting en banc and citing the newspaper recollections of Edgardo Angara, declared that the presidency had indeed been rendered vacant by Estrada�s hasty departure from Malacanang, and that VP Arroyo was rightly elevated to the vacant presidency.

Only a country with 56,000 registered lawyers could have created such a legal and constitutional mess.

So, to go back to the Sandiganbayan�s verdict, an acquittal would have opened a can of political worms, not least of which would be a challenge to the legitimacy of Mrs. Arroyo�s presidency from 2001 to 2004, Estrada�s unserved term.

While this would not necessarily render her presidency from 2004 to the present invalid or illegitimate, an unfavorable judgment on her 2001-2004 tenure � if only for the sake of setting the historical records straight -  would be patently unacceptable to Mrs. Arroyo and, considering her widespread unpopularity, could lead to exploitable civil unrest.

Just as Estrada did not want to go down in history as the first Philippine president to be convicted of plunder, so also does Mrs. Arroyo not want to go down in history as the first Philippine president to have usurped the office for three years.

Will there be widespread unrest in the wake of this verdict? In the short term, perhaps a demo here and there, but in the medium and long terms, very unlikely.

The middle class, who were the storm troopers in EDSA 1 and (the false) EDSA 2, do not have any love for Erap and will not exert any effort to join protest actions on his behalf.  Especially since the economy is doing fairly well.

The masa mobs-for-hire are still available, especially in the squatter colonies of Jejomar Binay�s Makati ,  but their enthusiasm for Erap may have waned after the failure of their street protests in 2003, 2005 and 2006.

Likewise for the military mercenaries, who rented out their idealism and staked their careers in the Oakwood Mutiny of 2003 and the Marine Stand-off in 2006�.. and lost.

There is ample evidence that Erap was involved financially in the efforts to destabilize the Arroyo Government in 2003, 2005 and 2006, apparently with the active support of Vice-President Dick Cheney and the neo-cons in Washington who had their own geo-political reasons for wanting to see Mrs. Arroyo removed from power. (See my article
Kidnapped Pinoys atbp, Aug. 06, 2007, and previous articles referred to in that article.)

But President Arroyo was able to weather all these challenges. And, after the flap over espionage in the White House offices of Dick Cheney involving Estrada-mole Leandro Aragoncillo (who was also assigned by Cheney�s office to coordinate with Estrada � making him a double-agent), Estrada no longer enjoys the good graces of the Great White Fathers.

So who is left to carry the torch for Estrada after the Sandiganbayan verdict? The communist movement?

According to a news story in the
Manila Standard Today (Aug. 30, 2007), efforts to overthrow the Arroyo Government did not end with the Marine stand-off in Fort Bonifacio in February 2006.

In a 17-page affidavit, 1st Lt. Angelbert Gay, identified as a Magdalo officer involved in the Oakwood Mutiny, states that �on the third week of May (it is not clear if this referred to 2006 or 2007), P5 million in financial support from Estrada arrived and it was coursed through Renato Constantino Jr. and then to Lawyer Mark (alias of Lawyer Jose Belmonte). One million peso additional support from Erap arrived days later, followed by an additional P2 million in the second week in June.�

Constantino Jr. and Belmonte belong to the rejectionist (meaning, anti-Joma Sison) faction of the communist movement, the same faction that tried to choreograph the Marine stand-off in Fort Bonifacio in February 2006.

Gay said in his affidavit that �Constantino brought the additional P2 million in a shoe box to the Magdalo safe house in Wisdom Street , near Congressional Ave in Quezon City , where his daughter Maui , the group�s unofficial finance officer, took charge of it�.�

The
Standard Today news story also mentioned guns and ammunition being delivered for a �Tet Offensive� for which P42 million had been set aside, and claimed that Sen. Panfilo Lacson had promised �2,000 troops for the overthrow of the Arroyo administration�..�

If this is true, it represents a last ditch effort on Estrada�s part to turn the tide, but evidently it has not worked to his favor.

Estrada has no more option now except to accept his fate and hope for a presidential pardon in the next few months or years. He has defiantly stated that he will not apply for such a pardon, and he would not accept it if it were offered.

This must be looked at as defiance for show, to encourage his troops to be steadfast in their belligerence towards the Arroyo government. But when all else fail and there is no more recourse left, he may mellow and capitulate. What would he do if he were granted absolute pardon even without his consent? Cry out,
Ibalik niyo ako sa kulungan�?

In 1995, South Korean President Kim Yung San ordered the arrest of two former presidents, both former generals, for corruption during their watch, involving hundreds of millions of dollars. When they faced the court for sentencing, both were humiliatingly handcuffed and dressed in prisoners� uniforms.

Ex-President Chun Doo Hwan was sentenced to death (later commuted to life), ex-President Roh Tae Woo was sentenced to 22 years in jail (later commuted to 17 years). Both were subsequently pardoned by President Kim Yung San in 1997 after serving two years of their sentence. The same could happen here in 2010 or earlier.

In an unexpected postscript to this episode, President Kim Yung San�s own son, Kim Hyun Chul, was accused and convicted of accepting $7 million in bribes and evading taxes. He was sentenced to three years in jail and ordered to pay $1.5 million in fines
while his father was the sitting president. Could this ever happen here? ***** 

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Reactions to �Guilty�
Corruption Charges against Abalos
Same Fate for Gloria Arroyo?



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[email protected], to avoid a repetition of the recent epidemic of bouncing emails.)


Plunder or blunder?

The Sandiganbayan verdict finding Erap guilty of plunder, acquitting him for perjury satisfies one self-fulfilling prophecy even known since Day 1 that GMA had the former president, whom she replaced by some methodologically conspiratorial plot, jailed � if indicatively out of constitutional bounds.  Even to this day, no lawyer in his right mind can convincingly argue that GMA�s ascendancy to the presidency is a legitimate one given a clear historical evidence preserved in what was the �hello Garci� wiretapping scandal. 

Fact is, the Supreme Court long owed it to the Filipino people to have made them understand on what constitutional grounds the legitimacy of GMA�s presidency has been justified.  If even lawyers are not convinced the High Tribunal has well defended its position when it sought to be the arbiter of such a major constitutional question, how much more for the ordinary man in the street?  Historians, scholars, and legal practitioners may have to revisit the past to see whether every brick that was laid upon another would not crumble at the slightest test of truth. Truth can run after time.  Sadly enough, the CBCP chose to cast its shadow.

The day that lower court laid down the verdict reading first the acquittal of Erap on perjury then the verdict of guilty of plunder the next is truly a cause of national shame for there was an entire viewing universe glued on their TV sets as events unfolded.  If there is at least one rather influential mind that said her piece before the verdict was announced to the public, Senator Miriam Santiago must have given us the best prognosis of what were about to happen even while she knew GMA will never fall into the mistake of acquitting Erap for plunder.  True enough, Malacanang took to the lesser evil. What kind of government is this?

Again, as Sandiganbayan decided in the way it did, what may have been thought as not too difficult to handle may prove Malacanang wrong.  More military troops and police elements than are necessary may have to be on red alert status to cordon off the Palace from those who were conveniently labeled as destabilizing forces.  While nothing was heard nor seen of the (in)justice secretary known for his venomous attack against those who criticize GMA, it provides little sigh of relief to realize that not only can GMA lie about the audio-taped conversation scam but that she can lie all the way through time � one misdeed after another, after another. 

No one finds it difficult to conclude that Erap will never see the light of the tunnel that he may have hoped for.  Senator Santiago thought it next to impossibility for a lower court to even go against that of the High Court.  For it to pronounce Erap as not guilty of plunder would be tantamount to saying that the legitimacy of GMA is in question.  Understandably, the Sandiganbayan cannot play Russian roulette � it has to be sure it will lay the verdict of guilt on Erap�s charge of plunder.  Acquitting Erap of perjury has not diminished the public perception of gross partiality of the Sandiganbayan.  It challenges reflection that Erap has been found guilty of plunder when two others have been acquitted of the same charge.  Lawyers say that in criminal procedures, the guilt should be shown or proven beyond reasonable doubt. 

It seems ironic to hear those in the stock market to appear too delighted about Erap�s verdict of guilty of plunder as if it were such a very positive stimulus. Malacanang�s skilled propagandists may have thought it wise to show how the stock market behaves in spite of such a political situation.   In the language of choreography, such a sub-plot pulling everyone to the dance floor is but a simple sine qua non of having to dance to the political tune being played by Malacanang.  Or what else is this conspiracy of the ruling elites in our state of affairs?

Perhaps, we have an over-politicized Judiciary that will play subordinate to a supposedly co-equal branch of government or the Executive.  Not remotely, we probably have an Armed Forces of the Philippines that is better called as the Armed Forces of Malacanang.  Neither far removed is the possibility that Congress is likewise a mere rubber-stamp of GMA.

Soon, we shall see writings on the wall.  Various sectors of society might militate against the status quo.  There can be a general breakdown of our cherished institutions.  Some good men in the government of GMA might soon tender their irrevocable resignations.  While history repeats itself, it doesn�t have to repeat its same mistake twice.  If Malacanang succeeded to find Erap guilty of plunder, the Filipino people ought to find GMA as guilty of blunder.  This faux pas,  this Catch 22, this whole legal goobledygook � must be swept in the dustbin of history.

A great injustice must have been committed � not so much against Erap any more than against the entire Filipino people.  If Erap has not lose his faith on the judiciary even after this sad comeuppance, the rest of us probably must.  Sinner or saint, the second St. Joseph might have to come from Bilibid Prisons, matter-of-factly.  Let us please pray for Erap � the icon of the masses in our contemporary life.           

Primer C. Pagunuran, (by email), Quezon City, Sept. 12, 2007
U.P. Diliman, Quezon City

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Whew! Finally, ex-Pres. Erap's Trial comes to an end. Congratulations to Prosecutor Dennis Villa-Ignacio for a job well done. Honestly, I was skeptical during the early stage of the trial because, he is up against a phalanx of legal luminaries like former Chief Justice Narvasa, former Soc Gen Mendoza, former Prosecutor Flaminiano, former Senator Saguisag. But Wow! Prosec Ignacio held his ground and got a conviction. Way to go, Sir.

I think Ex-Pres. Erap should not prolong his agony by appealing his case to the Supreme Court.  I believed there is a little chance the SC will reverse the  Sandigan decision and I will tell you why. First,  majority of the Sc justices were PGMA's appointees. Secondly,  data from the Sc show that Justice Teresita de Castro has zero percent reversal by the SC on her penned rulings. It is safe to say that her decisions
were standing on solid grounds. In Contrast, Ex-Pres. Erap's lead counsel, Atty. Rene Saguisag has probably the worst record in high profile cases. So, if Erap is still stubborn enough to pursue an appeal, by all means do it and join the Brigada Saguisag member like Hubert Webb, Mayor Sanchez, Cong. Jalosjos and others in Muntinlupa.

What I am happy to see and majority of our People will  probably agree with me - is for Erap to look for a  win-win situation and work out with PGMA for a Presidential pardon. Erap should return the Boracay Mansion and the Jose Velarde monies and I for one will
be happy to forgive his mistakes.     Thank you and mabuhay!
 
John Dee, (by email), Sept. 13, 2007

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Dear Tony:          The wheels of justice in the Philippines do grind slowly, but here, at last, is proof that even though probably already comatose, the Sandiganbayan has redeemed itself convincingly with this guilty verdict in the plunder case against former president Joseph "Erap" Estrada.

The Rule of Law is far from dead in the Philippines . And, obviously, only some are above the law. In this particular instance, not even a former president was above the law.

Estrada can be expected to appeal the Sandiganbayan decision to the Supreme Court--as a matter of course. It is not certain how his appeal--if he makes it--will fare in the highest court of the land. But this will surely be a time of testing for the Supreme Court.

Mariano Patalinjug, (by email), Yonkers , NY , Sept. 13, 2007

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Dear Tony,          I agree with your analysis completely on ERAP's conviction. People's passion reaches its highest peak after the sentencing phase but it will eventually subside over time. People will forget about this event. You are probably right, a commutation of sentence is very possible before GMA leaves office and whoever succeeds Gloria will pardon ERAP.

By then ERAP will be very old and that he has already squandered much of his ill-gotten jueteng treasures that the dream of destabilizing the government is no longer worth the price of chasing it. I think we are the only humane country in this universe that does not strip a convict (like ERAP) of his expensive barong Tagalog shirt to a bright orange prisoner's attire for the rest of the world to see. MAPALAD,  MASUWERTE at PAMPERED KA PA RIN PARE KO!

Dr. Nestor P. Baylan, (by email), New York City , Sept. 13, 2007

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Dear Mr. Tony,         How I wish Sandiganbayan ordered ERAP's commitment to the National Bilibid Prison! It would have created a better impact and drove home the point, which is all Filipinos are equal in the eyes of the law. For surely, the defense lawyers would have raised a howl. Then and only then should the Sandiganbayan issued its decision for his continued 'vacation' in Tanay.

You are right, though, in posing the question: Would the conviction of a son of the sitting president in South Korea also happen here?  I would say NOT IN OUR WILDEST DREAMS!!!!!!!        As always, you are a good read.

Arnel Romero, (by email), Sept. 13, 2007

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Hi Tony..        This all just shows that if we (the people specially) keep on doing (or not doing what we should have done) the things we allowed in the past i.e. apathy to traditional or worst ,dirty politics, (Estrada, Arroyo, Marcos, De Venecia, whatever), pupulutin tayong lahat sa kangkungan...We are all called by God  to be leaders but we abdicate on that calling.  Lets all put God in our politics,daily not just when elections are near God Bless... In Christ !!

Eric Manalang, (by email), Sept. 13, 2007
Ang Kapatiran Party

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Regardless of the political implications in this case, the evidence presented by the prosecution is so massive there could not have been any decision except that of the guilty verdict.

The whole proceedings took just 11 minutes, with Estrada's defense team conveniently choosing to have the over-hundred page decision omitted in the final reading of the ruling except for the dispositive portion. Reading the entire decision would fortify further to the public the blow-by-blow account of Erap's misdeeds, and that is not what his lawyers wanted. 

That decision, however, will become available to the public later, and meticulous examination of that document hopefully should douse the fires of those who bizarrely believe this was a "political decision." No, it was not. This was about corruption on a grand scale, and it's time for Erap to face the music.

We are all familiar with machinations in politics, but I hope Arroyo does not pardon Estrada. To do so would cheapen the meaning of justice, which would further erode
people's faith in our justice system, or whatever is left of it. Even better, Estrada ought to languish in jail, instead of being allowed to relax and spend his imprisonment time in his rest house, er, mansion, in Tanay, Rizal.

Remigio G. Lacsamana, (by email), Daytona Beach , Florida , Sept. 13, 2007

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Dear Tony:          Sometimes your historical knowledge of people and events can be overwhelming. I don't know, but having too much of anything can be a detriment and lead other people to spin and twist these things. Before you know it, truth is buried in a pile of haystack. To unearth it becomes a nightmare.

I do take exception to Davide's excerpt comment quoted by you. You were implying Davide had felt Arroyo's presidential tenure was temporary with Erap's eventual return. The readers are entitled to know the full test of Davide's comment in order for it to make sense why he said it without appearing irresponsible and callous, considering he was the Supreme Court chief justice..
(It can be dug up in the newspaper accounts of the day in January 2001. ACA)

I fully agree with you. Erap must be found Guilty of Plunder and mockery of the justice system. No one should be above the law. If the  Philippines has to have an iota of respect from its people and the world for that matter, it is high time to show them and the rest of the world justice can be served in the country. Save face if we must.

It is time to discard Erap and let him rot in prison for the rest of his life. Good riddance. He deserves to be punished. No remorse from the Filipino people.     Thanks, Tony.

Oscar Apostol, (by email), Roseville , CA , Sept. 13, 2007

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Hi Tony,          Your last article "GUILTY" may not be the last major episode in the turbulent life of Joseph Estrada. It presents a good subject to a case study  for future sociology, history and political researchers. While he ignores reading "the writings on the wall" and he allowed himself digging his own grave".

At  the height of his presidency and continuing popularity, he was invited o show up at the SANDIGANBAYAN along Commonwealth Ave in Quezon City on June 1, 1999 where he came, saw and captivated to see his name in bold prints as inaugural guest to dedicate the SANDIGANBAYAN building "TO THE FILIPINO PEOPLE IN THEIR FIGHT AGAINST GRAFT AND CORRUPTION IN THE GOVERNMENT". Ironical as it may seem when on  September 11, 2007, eight years later, It was in the same building and not of his choice that he "CAME, SAW and HEARD the GUILTY verdict of the numerous  charges filed relating to plundering the nation's wealth. What an IRONY?

Although lacking the intelligence and education of Ferdinand Marcos, yet, he has the gall and temerity to imitate him. Was it to demonstrate ERAP is smarter  than  the " APO "?  Little learning is dangerous, they say, but ERAP will never learn because his experience and background as a movie actor in a world of make-believe can be dominating factor.

Contempt, condemnation and sympathy are left for us to judge the man who was catapulted to the presidency by an adoring MASA owing to his movie celebrity status. However, it was his sheer greed for power and money that led to his CAPITULATION AND FALL! In short,  ERAP provided history as the oddball of all oddities and  the irony of all ironies. 

Jose Sison Luzadas, (by email), Toronto , Canada , Sept. 14, 2007

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Superb, Tony...hayyy...you should be up there in the  topmost level of executive governance instead of our mis-elected mis-appointed and eroded set of "leaders" who continue to wreck our poor country.

You wrote:
"In an unexpected postscript to this episode, President Kim Yung San�s own son, Kim Hyun Chul, was accused and convicted of accepting $7 million in bribes and evading taxes. He was sentenced to three years in jail and ordered to pay $1.5 million in fines while his father was the sitting president.  Could this ever happen here? *****  "

This would be a fairy tale if it ever takes place ONLI IN DA PILIPINS...because as the saying goes..."blood is thicker than toyo!"

Tony Joaquin, (by email), Daly City CA , Sept. 14, 2007

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Thank you much, Mr. Abaya, for the additional  information that rarely get filtered to us. Justice was appropriately administered on Estrada. But why are there no actions to prosecute others like Lacson? Because he has at least 2,000 military rebels behind him? How about Belmonte and Constantino? How many rejectionists do they have behind them? Why can't we find evidences against the corrupt Generals and government officials? Because they can bribe people who are believable witnesses against them? Why can't we stop bribery? All the answers start within each of us: honesty, self-respect--main things we have to develop, in spite of the poverty we wallow in.

For now, I am for allowing GMA to finish her term. Wont doing violent/non-violent ejection procedures disrupt whatever upward growth that we have economy-wise? After her term then they can prosecute her, should she loosen her grip on the country's leadership. She might try all means to stay in power after 2010.  Thank you for keeping as well-informed.

Pura Flor Isleta, (by email), Sept. 14, 2007

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The guilty verdict on ex-president, Estrada for plunder goes a long way in demonstrating to the small and big time corrupt government officials that no one is above the law.   It is a shining example of how the much maligned Philippine judicial system could rise up and redeem itself as an institution. It is also a huge first step in the leadership's resolve to root out corruption in all levels of government. 

However, a pardon of Mr. Estrada without his admission of wrong doing would set back efforts towards restoring the honor and integrity of the Filipino people.

Shane V. Flores, (by email), Sacramento , CA , Sept 14, 2007

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So, you still think that Erap's "hasty" departure is not equivalent to an abandonment or resignation?  (What was it, a vacation?) And that the middle class' EDSA 2 is false?  (Who were the people there?  Dummies?) And then you rather believe that Cheney and some Neo-Cons in Washington actively wanted Arroyo out?  OK.

Serafin Dudeo, (by email), California ,. Sept. 14, 2007

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Hi ACA,          The legitimacy issue of GMA has become contentious because of that unprecedented and controversial decision of the Supreme Court declaring that Estrada had "constructively" resigned based on Estrada's frame of mind at the precise moment he abandoned Malacanang.  Though that was not a constitutional basis to determine the vacancy of the presidential office, nonetheless, in my opinion, a judgment call had to be made based on what the justices were seeing on the ground.  

Erap may be the most popular president ever elected but his popularity suffered when a series of his wrongdoings became known publicly that led to the impeachment trial.  The conspiracy to bring down Erap happened after the impeachment walkout when the anti-Erap personages, including GMA, met with Erap's generals.  Like all conspiracies against unpopular leaders, its success depends on people mass support.  The Enrile-Honasan conspiracy to bring down Marcos failed but succeeded only when people support arrived in Edsa I.   Edsa Tres conspired by the Erap diehards failed, and so were the successive Honasan-Trillanes-Black & White-Letists coup conspiracies because the mass base refused to join them.  The conspirators in Edsa Dos would not have succeeded even with the help of several turn-coat Erap generals if just a handful of warm bodies came out to the streets.  The people did come out in vast numbers and it became Edsa I all over again.   

Now put yourself in the shoes of the Supreme Court justices.  Let's accept the argument Erap had a change of heart and wanted to come back after abandoning his Malacanang post.   The issue then in the minds of the justices must have been would the people accept him?     It was a moment of confusion pregnant with political intrigues and uncertainties.

Two issues were on the Supreme Court table.  Either follow what the Constitution requires or follow what the moment demands.    Let us say the justices decided to adhere to the constitutional process and reinstated Erap.  Could the Erap turn-coat generals come back to reclaim their posts?  I have my doubts Erap would allow them to.  In his mind they are traitors.  And with the general's new-found loyalty to the new President they would not be stupid to relinquish their new-found power as well.  What about the people?  Would they accept an invigorated Erap back?  Absolutely not because the anger had not dissipated and there was no compelling force to  welcome Erap back even if the justices said Erap had a constitutional claim to the presidency. 

As a result, absolute chaos would have been inevitable.     The people will follow the law up to a point and when this point is breached the rule of law goes out of the window and a bloody revolution ensues.  Nothing can prevent bloodshed when an angry people turn into a destructive mob.  Surely, the scenario would have given a perfect opportunity to some ambitious generals to get into the top of things inasmuch as a constitutional rule had changed into a mob rule.  Who can then stop the military from taking over by declaring a military junta type of government.  In this situation everybody loses.

How history will pass judgment on the wisdom of the Davide Court is beyond me but what cannot be ignored is what could have been had these justices erred in making a decision.   What we do know today is that particular decision brought relative peace to the country.  For me, it was a judgment call.  It was a unique decision that sought the elusive peace and save lives under a unique embattled situation.  These justices did not allow themselves to be held down by constitutional restraints because of the unique situation.   They needed to think outside the box, so to speak, because there was no room for mistakes.    Thanks.

Cesar M. de los Reyes, (by email), Sept. 14, 2007

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Dear Tony,         Estrada was found guilty not by evidence but politically. The justices of the Sandiganbayan should  renounce and reject any appointment to the Supreme  Court not until Gloria Macapagal-Arroyo steps down in 2010. That way, this would seem really clean of any undertones of subservience to high officials.

The  positive lesson from the conviction  far outweighs the disgust in the result of the plunder trial. This means the floodgates are  open for conviction and accountability of all  officials from past and present elected and appointed public officials, military officers, and it should incluode  the  justices of the judiciary.

This it the "triumph of Estrada's cross", the dawn of authentic public and private accountability in the Philippines . It is my prayers that  this new beginning dwell in the consciousness of all public and private officials, military and those in the judiciary as well.

Vic del Fierro, Jr., (by email), Sept. 14, 2007

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Hi Mr. Tony,        The Philippine justice system got some image building points when the Sandiganbayan awarded a guilty verdict to former president Joseph Estrada, finally the BIG FISH. Now I can say that not only South Korea could convict their former presidents of wrongdoing. We can do it too! Isn�t it something to be proud of? I hope our courts can sustain the mandated work of going after the crooks in the government. Now the Lapids, I wonder what they were thinking? Who knows, after 2010 another BIG FISH? That would be truly remarkable for our justice system.      Regards,

Napoleon P. Serrano, (by email), Dhahran , Saudi Arabia , Sept 15, 2007

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Dear Tony,          You are right with your analysis. ERAP was politically convicted, otherwise there will lots of  corrections to be made with the present administration. While ERAP has enriched himself, there is not enough direct evidence that warrants his convictions except that  of the �Hweteng Money�, bank deposits, and the �Boracay property�.

Cardinal Rosales is quite right also, that ERAPs conviction will serve as a stern warning to other corrupt official in the Administration, and this includes the President as well. I hope this maybe so.

But in my mind, WHY NOT THE SMART GUYS� Ric Manapat documented in his book �SOME ARE SMARTER THAN OTHERS�? As what he said, these groups of SMART GUYS has committed GREAT LARCENY AND PLUNDERS against the government and the Filipino people. And to name some of them are:

1. the MARCOS FAMILY
2. the IMELDA CLAN
3. ROBERTO BENEDICTO
4. GEN FABIAN VER
5. JOSE AFRICA
6. ANTONIO FLOREINDO
7. ALFONSO YUCHENGCO
8. the COJUANGCO FAMILY headed by EDUARDO �Danding� COJUANGCO
9.  MANUEL ELIZALDE JR.
10. RICARDO SILVERIO
11. RODOLFO CUENCA
12. GERONIMO VELASCO
13. HERMINIO DESINI
14. CAMPOS , YAO , and ROLANDO GAPUD
15. BIENVENIDO AND GLECY TANTOCO
16. THE ROMULADEZ FAMILY. Headed by BENJAMIN �KOKOY� AND EDUARDO ROMUALDEZ
17.  GREGY ARANETA
18. JUAN PONCE ENRILE
19. EDUARDO ANGARA
20. THE ACCRA LAW OFFICE

Senator Alfredo Lim and now Mayor of Manila, is right, �JUSTICE MUST BE APPLIED TO ALL OR NONE AT ALL!

If our Judicial system probe they got the right decisions for ERAP, they should probe they have the wisdom in the world, and equal justice should be served as well to the �SMART GUYS OF THE MARTIAL LAW DAYS�.

This is our chance to regain respect of the whole world. The evidence are overwhelming. The case are now all in court. People must be vindicated from the impoverishment that this LARCINIST AND PLUNDERERS had brought havoc to our economic life.

The Executive Branch and the Legislative Branch can not and will not do these, for many of them stand the accused. Our future lies with the JUDICIAL BRANCH backed-up with full support of the Filipino people.

If the Filipino people would liked to bring change in the future, starting correcting the past, by doing right decisions in the present.

THE TENTACLES OF THOSE CRONIES WHO HOLDS IN THEIR POSSESSION THE MARCOS WEALTH, ENTERTAIN THE FILIPINO MASSES WITH THEIR OWN CREATED POLITICAL DRAMA. IN THEIR GREED FOR WEALTH AND POWER, THEY PLANNED THAT PEOPLE"S MIND SHOULD BE KEPT BUSY ENOUGH FOR THEM TO FORGET, THE EVILS OF THE PAST.   

ERAP could be a sacrificial lamb, but he could be a HERO someday, specially those who got more wives now-a days. They believe to much in the principle of Love and sharing, and their love and care overflows in millions!

Rodolfo Cada, (by email), Sept. 16, 2007

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There are just some things I do not understand on the side of Erap.
1. If Estrada, all the while, knew that he would receive a guilty verdict, why did he go through a six-year trial? What for? For his crime to be legally called illegal and not be based on what non-lawyers say?

(There are reasons to believe that Erap expected to be freed from detention as a result of the Oakwood mutiny in July 2003, the revelation of the Hello Garci tapes in mid-2005, and the Marine stand-off in Fort Bonifacio in February 2006. ACA)

2. Having been through a six-year trial, Estrada, together with his allies say that why does the present government want to convict the former president in haste? I thought they already know that he's guilty? Why would they want to prolong the trial? In haste? Six years? Why, are there other evidence to prove his guilt?;

3. Erap supporters and lawyers, alike, including Erap himself, want Ms Arroyo to be accountable for the anomalies of her administration, as there are evidence to prove these, and there are people waiting for answers. If this is what Erap wants GMA to do, then he too must do it. I mean, there are evidence that also prove that he has had his own share of anomalies.

Karlo Aaron Respicio, (by email), Sept. 16, 2007

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Corruption Charges against Abalos

Ladies and Gentlemen:

I received the response of the U.S. State Department to my email both given below. Pamusa needs whatever evidence you have against Abalos not necessarily to stand in court like the Senate Committee Report No. 54 of March 1, 2006 that's the basis for the detention of Jocelyn Bolante by U.S. immigration for over a year now. He's reportedly discussing a plea bargain and could spill the beans on co-conspirators in the misappropriation of the PhP728-M fertilizer fund in exchange for U.S. asylum.

However, Abalos is probably indictable in the States for: (1) Undermining the stability of a democratic nation and its institutions; and (2) Violation of U.S. Foreign Corrupt Practices Act together with ZTE officials for unfair competition with adverse effects on the international economic activity of U.S. businesses.

Speaker De Venecia and Rep. Carlos Padilla can formally charge Abalos on the above grounds under the U.N. Convention Against Corruption (UNCAC) international cooperation thru the U.S. Ambassador Kenney with every piece of testimonial and documentary evidence to support the charges. Should prima facie evidence exist as it is undoubtedly the case, Abalos would be extradited to the States like Mark Jimenez to face trial and almost surely go to jail. It's time we have example of a big fish going to jail like Panama 's former President Manuel Noriega.

Abalos will therefore be the example Pamusa is aiming for that would reverberate throughout our country to stop corrupt practices. For those too far out and so deep in corruption, they can negotiate settlement with Pamusa what part of their ill-gotten assets would be turned over the government and which they could keep. Please be assured Pamusa will be as reasonable as can be considering that every settlement would be submitted for court approval and the records sealed from the public forever.

The court would require under penalty of perjury that all the assets for settlement are on the table. Just as no onerous conditions are imposed on the offender wanting to settle.

Thank you and best regards.

Francisco Wenceslao
President
Philippine Anticorruption Movement U.S.A. , Inc.
Phones: 562-864-7737 & 562-547-4357 Cell
Fax: 213-607-2756

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Same Fate for Gloria Arroyo?

Hi Everyone!

Just would like to comment on the Estrada Verdict. Will Gloria share the same fate as Estrada? Do you know how intelligent Gloria is? The obvious reasons for her political survival are the following:

1.She has bribed the Catholic Church. IBA NA ANG MUNDO NGAYON. Just a few stories on how Priest are behaving today; My wife has a beautiful educated officemate who has a priest boyfriend, everybody thinks naka live-in na sila, She has a new Honda City, signature clothes, and Swiss watches. They have noticed the financial changes during their two-year relationship together. Another, I have a distant relative who is a Parish Priest in the province. He is close to Mikey Arroyo and Generals. My relative priest is driving a new Toyota Fortuner, and has two brand new houses. Our guess is that money came from jueteng. In the TV news, selling of the antique statue of St. Anthony by the Parish Priest of Valenzuela for money. As you know, only Archbishop Cruz and the Ateneo are against this Government, Sila lang kaya ang hindi kaya bayaran ni Gloria?. Priest should be the first to teach what is right and what is wrong, but things are going the other way around. I think this is an incredible move of Gloria using the Church to silence the province of their crimes and to avoid People Power which the Catholic Church was a strong contibutor in both EDSA 1 & 2. IBA NA ANG PANAHON NGAYON.

2. SILENCING THE OPPOSITION. Extra-judicial killings of Activists, Jonas Burgos, Government Critics, Media, Etc. Buying opposition Politicains like Miriam Santiago, Enrile, Loren Legarda, Rep. Paras, Etc. Congressmen are paid well to block any Gloria IMPEACHMENT attempts. Black mailing of Noli De Castro. Gloria does not want to happen what She did to Estrada. Also, black mailing Eddie Villanueva

3. The Military are SPOILED by Gloria. If she does not pay the generals, expect a COUP DE TA. Also, the Military enjoys the biggest piece of the National Budget. Saan kaya napupunta ang mga budget na iyan?

4. Paying the media. Reporting to the Filipinos ONLY how good a president Gloria is. Mga TUTA na taga Media ni Gloria like Magno, RJ Jacinto, the Tulfos, Etc. GARAPALAN NA!

5. Moral Decay of the People. Sabi nila Gloria-"hwag na kayo magprotest sa streets, di naman kayo yayaman diyan!" Mali sila, si Gloria lang yayaman kapag walang magcocomplain. As I mentioned earlier " IBA NA ANG PANAHON NGAYON". Pauwi ka na lang sa bahay, aagawin sa iyo cell phone mo at papatayin kapa for just a cell phone. Sa TV News, pinatay na ang bata nilagay pa sa maleta. Isang negotiante nag withdraw ng Pera sa Bank kinuha ang pera, car, pinatay pa. Wala ng God's interest puro Man's interest. PERA-PERA MENTALITY NA ANG MGA TAO ngayon!

The five things mentioned above are GUARANTEES that Gloria and her cronies will NOT go to Jail. I have only one question and many Filipinos would agree. Why only Estrada? I hope that every case of graft and corruption should be filed and be given swift decisions against all government officilas that are suspicious without any prejudice. I will BET my two hands if GLORIA. FG, CHAVIT SINGSON, LEANDRO MENDOZA, BEN ABALOS, JOCJOC, GARCILLIANO, BEDOL, ZUBIRI, NANI PEREZ, POLICE AND MILITARY GENERALS, BAYANI FERNANDO, AND OTHER GLORIA CRONIES will ever be charged or sentenced of any crime. I don�t think that day will come because they are loaded with MONEY. Their game plan is to steal and generate as much money as they can so they can BUY the souls of JUDGES, MEDIA, POLITICIANS, THE CHURCH, ETC. The persons mentioned above will be UNTOUCHABLE! Hanggang 2010 expect GARAPALAN nakawan by the government.

The Estrada verdict. Is it victory for the Gloria Administration or the Philippine Judiciary System or the Filipino People?      SAYANG ANG PILIPINAS!

Paul Garcia, (by email), Sept. 15, 2007

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