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| ON THE OTHER HAND |
| Reconciliation
By Antonio C. Abaya Written on Sept. 17, 2007 For the Standard Today, September 18 issue What are the chances of reconciliation between deposed President Joseph Estrada and incumbent President Gloria Macapagal-Arroyo? That was the question asked of former Senator Ernie Maceda and me the other day in Tony Velasquez� Crossword program on ABS-CBN. My opinion was/is that it was too early to talk of �reconciliation,� so soon after the verdict of �guilty� was handed down by the Sandiganbayan. From the point of view of Estrada, the wound is still fresh and hurting. On the other hand, President Arroyo is still floating on Cloud no. 9 from her personal � if dubious � victory. The dust has to settle first, Estrada has to regain more solid footing, and President Arroyo has to come down to earth, before �reconciliation� is possible. My friend Ernie Maceda � we were contemporaries in the Ateneo de Manila � is, of course, one of Estrada�s most faithful supporters, and made much of the fact that during his six years detention in his Tanay villa, Erap was a well-behaved �prisoner� who made no effort to escape even though it would have been easy to do so, and instead waited patiently for the judicial process to run its course. I disagreed with this assessment of those six years. I pointed out that there is ample evidence to believe that Erap was financially involved in the Oakwood mutiny in July 2003 and in the so-called Marine stand-off in Fort Bonifacio in February 2006,as well as the botched effort to stage a �withdrawal of support� by Marines and Scout Rangers on EDSA prior to that stand-off. There is also evidence to show that Estrada was plotting - through double-agent Leandro Aragoncillo and accomplice Michael Ray Aquino - with Uncle Dick Cheney and the neo-cons in Washington , to overthrow the Arroyo government, using electronic intercepts by the US government�s National Security Agency (NSA) to expose GMA�s peccadilloes. It is no coincidence to me that the �Hello Garci� tapes were first made public, in mid-2005, through Alan Paguia, a �former lawyer� of Estrada. Sgt. Doble may have pushed the �record� button, but the NSA apparently supplied the buttons. The ensuing demos every Friday in Erap ally Jejomar Binay�s Makati were meant to excite the middle class into a people power �revolution� to topple Mrs. Arroyo from power. But it didn�t work. (For more details about these three failed enterprises, see my articles: Erap�s Fingerprints [Sept. 17, 2003], Replacing GMA, [June 14, 2005], US Loves Erap [Sept. 25, 2005], Uncle Dick and Lolo Abat [Dec 20, 2005], A TIMEly Story [Feb. 28, 2006], and Marching with the Communists [March 07, 2006], all archived in www.tapatt.org. So, far from being a well-behaved �prisoner� patiently waiting for the judicial process to run its course, Estrada was actively trying to short-circuit it, in 2003, in 2005 and in 2006, each time expecting to be rescued from detention by military mercenaries who had been amply paid to do so.. That each of these three plots failed is to Erap�s everlasting misfortune., but it was not for lack of trying. And these three plots failed because the middle class refused to be drawn into the clearly choreographed zarzuelas, especially in 2003 and 2005. In the stand-off in 2006, some middle class types, led by Cory Aquino, were duped into flocking to Fort Bonifacio , but their numbers never reached more than several dozens.. In all three plots, Erap was left largely only with military mercenaries, mobs-for-hire from Makati �s squatter colonies, and the tiresome communists.. Without the middle class - who have no love for Erap - all plots were doomed to failure. As for not having tried to escape from his Tanay villa, when it would supposedly have been easy to do so, such a move would have convinced most people who had not yet been convinced, that Erap was indeed guilty as charged. Besides, with his excess avoirdupois and bum knee, Erap was/is not physically fit to live the life of a fugitive. Especially if he were prevailed upon to lead an armed rebellion and the government were to issue a shoot-to-kill order. In my opinion, his fabled machismo is strictly for the silver screen. In real life, he is as tame as a contented cow. So, given this background, what are the chances for reconciliation? Not very bright. Whether we like it or not, President Arroyo holds all the aces, Erap holds only the Joker, and the Joker is not wild. The pitifully few supporters who showed up on the Day of Reckoning at the Sandiganbayan and elsewhere show that Erap no longer excites. Perhaps after the dust has settled and passions have ebbed � in one or two years � a formula for presidential pardon or amnesty may be arrived at, with the concurrence of the middle class. But if Erap refuses to be pardoned or amnestied, as he has threatened to, then call his bluff and let him rot in jail. ***** Reactions to [email protected]. Other articles in www.tapatt.org and in acabaya.blogspot.com OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO Reactions to �Reconciliation� More Reactions to �Guilty� More Reactions to �Is It for Real? On Barack Obama No Tears for Erap Erap�s Conviction Unconstitutional I thoroughly agree with Tony that now is not the time for reconciliation, whatever that means, nor should there ever be. Estrada was found guilty of plunder, and he ought to to serve the sentence meted out to him. I used to respect Ernie Maceda when, out of Ateneo and after having married the daughter of Doc Perez of Sampaguita Pictures, he tantalized Manilenos with his entry in politics as a member of the City Council. Now he has become but a pathetic figure, a toady to an ex-president few of us would respect. If we are talking here of reconciliation as presidential pardon, that should be a big NO-NO. We ought not to sacrifice the ends of justice for political convenience if a pardon would make it less risky for President Arroyo to hold on to her power. After all, as Tony has amply asserted, Estrada has failed miserably in three attempts to unseat her. Good behavior? No way. Let Estrada have his wish. After the guilty verdict, he told everybody he did not want a pardon. It's the only right thing to do. Remigio G. Lacsamana, (by email), Daytona Beach , Florida , Sept. 18, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Tony, The conviction of Estrada is a first in our history. Even if Estrada is never sent to a real prison, it is a good sign that some form of justice is still alive in our country. We are a forgiving people -- that is our weakness and that is also our strength. We believe in divine mercy and divine justice. There are still glaring lapses in our judicial system -- the murderer of Nonoy Aquino has never been found and the mastermind behind it has never been exposed. The stolen wealth of the Marcoses has never been recovered by the government, and the Marcoses are back in power without a tinge of shame. And many others of recent vintage -- Lacson, Honasan, Enrile, to name a few -- are still lording it over in the government. What a shame. The rich get richer, and the poor get children. But there's still hope because our people have not given up. A country that has produced a Rizal, a Bonifacio, a Gregorio del Pilar, an Aguinaldo, a Marcelo del Pilar and others should not be counted out. Virgilio I. Gonzales, (by email), California , Sept. 18, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Mr. .Abaya's analysis of the Erap situation is close to being perfect. He is a journalist with a keen sense of mission, doggedness, and truth seeking. His knowledge of the past and current political situation in the Philippines is worthy of praise and appreciation. I felt all along that he is a nationalist and writes only for the good of the Filipino nation. Thank you, Mr. Abaya. I am looking forward to more of your insightful analyses. Martin Celemin, (by email), Las Vegas , Nevada , Sept. 18, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Tony: After all the attempts by goon Erap to fool the Filipino people and make a mockery of the justice system, being found GUILTY is one big step THAT JUSTICE HAS BEEN SERVED for the poor and disenfranchised kabayans and the country. The nation should celebrate! Perhaps this is the dawning of right and wrong in our beautiful Philippines that deserves nothing less. At this stage, it seems ironic to me to be discussing any kind of reconciliation between GMA and Erap. My prognosis is zero, zilch! Egos and power would not allow it to manifest any kind of reconciliation. Not even buying time will ease Erap's pain. It is not within the temperament of these individuals and the nation itself. What would be gained by the country? Peace? Not a chance. Erap will continue to undermine not only GMA but the Philippines . Has anybody ever thought Erap's exercises in futility were a disservice to the country? Erap is only working and living for Erap. Make no mistake about this. Erap's small mind and stature (He thinks he is a giant, fat perhaps. Is he still wearing his pompadour hair?) will seethe all its worth and if he does not get what he wants, then a heart failure may prevail. Good riddance at mabuhay ang Pilipinas at mga Kababayan natin. I encourage the middle class to continue to work and exert their influence for justice and the betterment of the country. Do not let goons who wish to overthrow peace and prosperity, motivated by greed, and power to undermine the country. Own the Philippines not a few. Thank you Tony for this article that encourages enlightened discussions. Oscar Apostol, (by email), Roseville , CA , Sept 18, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww If Erap will be pardoned, then someone out there will terminate his existence permanently for the obvious reason that he will never leave the political scene. He will still be in backstage supporting political groups that will benefit his business interest and protect his family political dynasty. His wealth came from popularity and politics. At some point in time someone out there will decide on his fate. In Philippine politics, there is no permanent friend or enemy, everything revolves around self-interest. Nonoy Ramos, (by email), Pennsylvania , Sept. 18, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww The truism- every dog has his day. Estrada had his. Alexander Po, (by email), Sept. 18, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww "Peasant revolt is historically endemic to the Philippines despite the differing nature of the insurrections it is the relationship between the peasants, the elite and the military that remains the main cause of unrest. Despite the end of the Marcos regime the insurgencies still rumble on and seem to do so unless the social and economic and political structure of the Philippines changes radically. "Philippine history shows that rebellions can be suppressed but rarely eliminated for long." (Rebellion and Repression in the Philippines, Richard J. Kessler, Yale, 1989)" http://www.historyofwar.org/articles/wars_philippines.html "...it is the relationship between the peasants, the elite and the military that remains the main cause of unrest." Stated in ancient society terms, it is the relationship between the alipin class, the datu class and their warriors that remains the main cause of unrest. The prolific availability of the world's broadcast, print and web media to the alipin class has produced a growing awareness among the masa of the structure and institutions of societies in other parts of the world. The recent OFW phenomenon has provided the masa with economic independence from their former datu masters and given them a sense of control over their own future. The OFWs are well aware that their remittances to the country is the major propellant of its rapidly growing economic vitality. The harnessing of the masa's economic power and its introduction to the country's traditional power equation will result in a radical change in the country's political and social structures which will eventually destroy the foundations of the system of datu governance based on cronyism and corruption and replace it with a system of democratic meritocracy. Time and world history is on the masa side. EDSA, or the clash of warring datus supported by their warriors, as a valid means of acquiring or transferring political power, is dead and gone. The educated masa has learned its lesson well. A bright new dawn is breaking over the Philippine horizon. Bobby Manasan, (by email), Burke , Virginia , Sept. 18, 2007 (But who will lead the educated masa to this new dawn? Erap? Joma Sison? Lisa Maza? Crispin Beltran? Manny Pacquiao? Antonio Trillanes? Gov. Fr. Ed Panlilio? You? Pray tell. I really would like to know or at least get a hint ACA.) wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww TON, THANKS A LOT FOR EMAILING ME YOUR ARTICLES AND COMMENTS. ANG GALING MO. Willie Villarama, (by email), Sept. 19, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Hi Tony, The program of Tony Velasquez is Crossroad(s?), not Crossword. :-) Mahar (Mangahas), (by email), Sept. 19, 2007 (But, of course. Thank you for the correction. ACA) wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Tony, I am completely appalled by so many official statements, from Malacanan and Congress recommending pardon or amnesty for Erap. A reaffirmation of a moral vacuum which cannot be filled with the leadership of this country in government, business, Church (remember Cardinal Vidal publicly urged a pardon for Erap) including perhaps, a good number of civil society organizations. The Left even supports the pardon for Erap. A big fish finally got caught, but because the fish was too big (and certainly not in the list of endangered specie), it is thrown back to the water. That fish, if properly cooked and served, could have served many useful purposes. Regards, Cesar Sarino, (by email), Sept. 19, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww When we talk of reconciliation, there must be an admission of sin. Erap, says he did not commit any, so how can there be a reconciliation!. Lennie Dela Rosa, (by email), Sept. 19, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Erap is simply an idiot who cowered in fear when crowds attempted to attack Malacanang. Imagine having won one of the biggest margins in the Presidential elections. He should have STOOD his ground and died in Malacanang. He would have been a hero today. But left with his pathetic sons, JV and Jinggoy. And then suddenly his real person unfolded, a COWARD! Believe me, a short a person that she is GMA will not leave Malacanang even if is attacked. His PSG and Mike Arroyo would have to bodily carry her out of the Palace. She has guts. No, I�m not a fan of GMA, far from it. But I am very disappointed with ERAP who just surrendered his Presidency without a fight. Gerardo Delgado, (by email), Changmai , Thailand , Sept. 19, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww "I beg your pardon," as the saying goes. Pardon to reconcile? The public or the middle class won't like it. I hope there will be no vehement and strong public outcry if pardon is made. Those who are convicted of heinous crimes should serve their time in jail, that is why there is the law against it. Pardon is definitely the opposite. We wasted time, money and efforts to bring to justice those who are responsible for such crimes. Either we remove the law or remove the power to pardon but we cannot have both at the present time, otherwise we are a bunch of undecided people who do not know what they want to do. May God have mercy on us! Leona Guera, (by email), Australia , Sept. 19, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww This article is one good example of "delayed" e-mail. I did not get this on the day it was dated (sent). I was just browsing my past e-mails and came across this article which I know wasn't there yesterday! Uncle Cheney and his EYES at work? Poke it out with a sharp needle. Bastards! [email protected], (by email), Sept. 21, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Where does that leave the Filipino people? Erap committed crimes against the Filipino people and whatever talk of reconciliation between him and Gloria is really irrelevant. Until the Filipino people fully respect the rule of law, it will remain a laggard in Asia in all aspects. The Philippine educational system should educate the Filipinos from early on that their elected officials should serve them and not the other way around. These officials are the people's employees and they should act the part. It is in this context that they should demand more severe penalties for public and elected officials when they betray the public trust, such as plunder, graft and corruption, etc. All this talk about pardon and reconciliation is gross disrespect to the Filipino people and the rule of law. Erap should go straight to the Bilibid Prisons and Fidel Ramos, Corazon Aquino and Gloria should be next on the dock. Filipinos deserve better and these former presidents betrayed them. Let them all face the justice system and receive their just desserts. Stephen David, (by email), Houston , Texas , Sept. 22, 2007 President, Filipino American Caucus for Empowerment (FACE) wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Thank you, sir, for sending me a copy of your article or column on "Reconciliation". I believe that it's too early to talk about reconciliation. It took six grueling years of litigation to determine the guilt or innocence of Erap and now, politicians from both sides of the political fence are talking about pardon, when, I suppose, they have not yet even read the two-hundred page long verdict. I think it�s awkward and ridiculous. It's almost a mockery of our judicial system. If I'm not mistaken, two former presidents of South Korea were likewise meted out convictions in the past and both served jail terms of at least a minimum of one year or so respectively. (Two years. ACA) Erap should sweat it out a bit before these things should be discussed, otherwise the legitimacy of our justice system would again be placed on the line and risk being a laughing stock of the few thinking locals and the international community. Regards, Gerry V. Eusebio, (by email), Sept. 23, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww More Reaction to �Guilty� (Sept. 13, 2007) The reaction of Paul Garcia is agreeable. I know many people who are really "garapal" in government. Wala na talaga silang hiya. What happened to us. Why are there so many government people corrupt? Has someone an answer to this? They are raking it in by the millions. Dapat mag vigilante na lang yung matitino at patayin ang mga magnanakaw Ernie Dellosa, (by email), Sept. 23, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww I don't know about you, but I found it highly amusing that so many of your readers feel that justice has been served in Erap's case without mentioning the crimes of presidents past and present. It could be argued that this is the most corrupt administration since the Marcos dictatorship. But none of your readers, in their euphoria over Erap's conviction, seems to think it matters. They talk about the "economic recovery" as justification for condoning the multiple crimes of this administration, as if that excused anything. Furthermore, they are comfortable with this situation, because the brunt of the suffering for these economic reforms are being borne by those least able to cope with the added hardships. The Ayalas and their ilk may be opening the bubbly in the boardrooms of Makati , but there is no celebration or even cause for hope among the innumerable poor. Convicting Erap merely serves to demonstrate, once again, that contrary to the opinion of those who wanted Erap convicted, there are two kinds of justice in the Philippines : one for political enemies of the regime, and another for those who plunder and loot the public coffers with impunity because they are connected to the right people. The idea that the rule of law has prevailed in Erap's conviction makes sense only to people who loathed Erap in the first place. Apparently, no amount of wrongdoing or scandals of this demonstrably criminal administration can excite the same outrage from these people. Alex Menez, (by email), Sept. 26, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww More Reaction to �Is it for Real� (Sept. 04, 2007) Hi, Tony. I would like to react to the following reaction: Hi Mr. Tony, For the millions of OFWs to be truly called the modern heroes, why don't they vouch for a renewed paying of income tax? The Philippine Congress could enact a new bill requiring OFWs to pay a reasonable percentage of their gross income as tax, of course with some exemptions for lower incomes. They�ve been enjoying tax free income for years it�s about time to pay the dues. This small gesture will take a long way in helping the economy. Regards, Napoleon P. Serrano, (by email), Dhahran , Saudi Arabia , Sept. 16, 2007 It is hard to satisfy someone. Collectively, the OFWs have improved the Philippine economy with the billions of dollars they remit to the Philippines . Their remittances are more than enough to compensate for the non payment of taxes and improving the well being of other Filipinos. That's a lot of money if you calculate how much is the help they have brought to the Philippine economy. Mr. Serrano must be working in the department where he is the supervisor, the boss and his family is with him. If he could only see and experience the hardships of doing the work, of being alone, the sacrifice of being separated from their loved ones, not seeing their children grow, not being there with their loved ones specially their children when they need them most, just to earn hundreds of dollars they send home. Who send these remittances are not the established ones, like the doctors or accountants, the lawyers, the engineers, the businessmen, but those who are doing manual work, laborers, nannies, domestic helpers, nurse aids, contract workers, babysitters, drivers, peon and many others. They should be given Tax Credit, instead of being taxed. In most of the countries that they work, they are already taxed where they earn it. They are modern heroes and they should be treated as such. The rich ones and the established ones have helped the economy in a different way, by bringing in investments, buying those real estates and condos and of course by spending the money in the malls, restaurants, resorts, hotels etc. Anyone who brings in money to the Philippines should be regarded as heroes, including foreign tourists. Thank you. Sincerely, Gerardo S. Fernando, (by email), Vancouver BC , Canada , Sept. 22, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww On Barack Obama Sir; Regarding the comments of R. Stager regarding Senator Obama, a review of this widely disseminated claim about the senator�s background in the Snopes site reveals this information to be false. See: http://www.snopes.com/politics/obama/muslim.asp Senator Obama recently made a comment to the effect that were he President he would order US forces into Pakistan to get Osama bin Laden and his operation. This, along with a similar statement by a dark horse Republican candidate, caused an uproar of protest in Pakistan . That aside, I do not support Senator Obama, not because of his background or race, but simply because I disagree with his stated positions on many issues. John Long, (by email), Seattle , Washington , Sept. 24, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww It's unfortunate that you featured that biased article, "Who is Barack Obama" by R. Stager, a partisan source if ever there was one. (Read again. That article was not by R. Stager. ACA) Anyone who's read Obama's two books, "The Audacity of Hope" and "Dreams from my Father" would know, firstly, that Obama's Kenyan father was NOT a Muslim, and that he got his name "Hussein" from his Indonesian stepfather. Furthermore he did NOT go to a madrassa in Jakarta but to an international school for the well-off. This has also been documented by responsible journalists. When I was in California recently, I saw a banner just before crossing the Golden Gate bridge that read "Obama-Osama," obviously placed there by far-out Republicans determined to blacken Obama's name (as it were). Incidentally I'm always mystified by the fact that Americans seem to forget the fact that he has a Caucasian mother -- which doesn't make him 100% black but mestizo, in Philippine terms. But then there's all that political correctness in the U.S. , which in may cases distorts the truth. Isabel Escoda, (by e-mail), Hong Kong , Sept. 24, 2007 (I do not necessarily agree with every article that is forwarded to/placed in Tapatt. Isn�t that what free speech is all about? ACA) wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww No Tears for Erap By Rodel E. Rodis, September 17, 2007 San Francisco, CA On the day the Estrada verdict was announced last week, a retired man who needed my help in his claim for social security benefits in the hilippines professed sympathy for the former president, expressing his hope that he would be shown mercy because he had "suffered enough". Like most people, he had not read the 212 page decision of the Philippine Anti Graft Court (Sandigan Bayan), finding former president Joseph aka Erap Estrada Guilty of Plunder. If he had read the complete decision, he would have discovered the ironic connection between his problems with the SSS and the basis for the plunder verdict. (For the transcripts, log on to http://www.manilamail.com). It took six years for the Sandigan court to try the Estrada case, most of the delays caused by Estrada himself. At one point, he fired all his attorneys so that a mistrial could occur. But after the court provided him with new attorneys, which he promptly rejected, Estrada retained new counsel and proceeded with a strategy to run out the clock until his close personal friend, Fernando Poe, Jr. (FPJ), could win the presidency in the May 2004 elections and dismiss all the charges against him. But when FPJ lost, Estrada had no choice but to finally deal with the prosecution's case by seeking to undermine the credibility of the court and by claiming that the trial is "politically motivated" to justify his removal from office. Very little was done by his lawyers to debunk the voluminous evidence presented in court. In the course of the trial despite innumerable delays, dozens of witnesses described how Estrada collected billions of Philippine pesos in "jueteng" protection money which they regularly delivered in cash to his Polk Street mansion in San Juan in Metro Manila. It was like a mob scene from "The Sopranos". But the most damning witnesses against Estrada were those he appointed to public office. Carlos (aka Chucky) Arellano testified that he was a childhood friend of Estrada who appointed him chairman and president of the Social Security System (SSS) in 1998. On October 6, 1999, he received a call from Pres. Estrada instructing him to buy Belle Corporation stock. He hesitated to do so, he said, because that decision belonged to the SSS investment committee which selected the stocks to invest in for the millions of Filipinos who had contributed to it. However, after further prodding from Estrada, Arellano unilaterally authorized the purchase by SSS of P900-M (pesos) ($20-M) in Belle stocks on October 21, 1999, just 15 days after he was directed to do so. Federico Pascual testified that he was the president of the Government Service Insurance System (GSIS) in 1999, appointed by Estrada, when he was instructed to purchase Belle shares. He hesitated to do the president's bidding, he said, because the Belle Corporation was involved in jai-alai and gambling and had a speculative flavor. But after receiving another call from Estrada on October 9, 1999, he went ahead and authorized the purchase by GSIS of P1.1-B (pesos) ($25-M) in Belle stock. A close crony of Estrada, Jaime Dichaves, facilitated the transaction. Belle Corporation executives testified that they issued a cashier's check to Dichaves in the amount of P189-M($4-M) (International Exchange Bank Check No. 6000159271 dated November 5, 1999) as his 10% commission for securing the purchase by SSS and GSIS of close to P2-B (pesos) ($45-M) in Belle stocks. Bank executives then testified that Dichaves deposited the 10% commission of P189-Mil. ($4-Mil) into the bank account of Jose Velarde, in Equitble Bank. Dichaves deposited an additional amount of P74-M (pesos) into the same account. Clarissa Ocampo, an Equitable Bank manager, testified that she personally witnessed Estrada sign his name as Jose Velarde in withdrawing funds from the Equitable Bank, an allegation that was openly admitted by Estrada himself. Bank executives testified that there were Joint accounts in the bank of Jose Velarde & Loi Ejercito (Estradas legal wife). Bank executives also testified that it was from this same Jose Velarde account that Estrada purchased the " Boracay Mansion " near Wack-Wack Golf Club for the use of his favored mistress, Laarni Enriquez. The man who facilitated the purchase of this mansion was Jose Luis Yulo who, because of this "housing" experience, was then appointed by Estrada to be his Secretary of Housing, replacing the very competent Karina Constantino-David. The prosecution's evidence was just too overwhelming, the Sandigan Bayan justices had no other choice but to find Estrada guilty of plunder, beyond a reasonable doubt. Sifting through the testimonies of eyewitnesses, one concludes that Estrada never believed that he would ever have to account for his actions so he didn't care who witnessed what he was doing. Transparency turned out not to be a virtue and stupidity not a viable defense. But the joke was on the people. When GSIS and SSS bought Belle stocks, As instructed by then PRES. ESTRADA, in 1999, they were priced at P3.14 a share. One year later, on December 29, 2000, their value had sunk dramatically to 60 centavos a share. Two years later, Belle stock crashed to a staggering 40 centavos a share, from purchase price of P3.14 per share. Now they are virtually worthless! Two BILLION PESOS of the people's investments down the drain! While I congratulate the Sandigan Bayan judges for finding Estrada guilty of plunder, my regret is that he was never charged for his possible role in the abduction and murders of Salvador "Bubby" Dacer, Emmanuel Corbito and Edgar Bentain. According to members of his family, Bubby Dacer was bawled out by Estrada in Malacanang in November of 1999 shortly before he and his driver, Corbito, were abducted by members of the Presidential Anti-Organized Crime Task Force (PAOCTF) headed by Gen. Panfilo Lacson and tortured and executed. The PAOCTF soldiers who admitted killing Dacer and Corbito pointed to Col. Glenn Dumlao as their commanding officer. Before he fled to the US , Col. Dumlao pointed to Col. Cezar Mancao and Col. Michael Ray Aquino as the officers who gave him the orders. Before they could point their fingers as to who directed them, Mancao and Aquino fled to the US upon instructions of Lacson. If Lacson had been fingered by Mancao and Aquino, would he have pointed the finger to Estrada? Edgar Bentain was a casino worker at the Casino Filipino located at the Heritage Hotel in Manila when he secretly released to the press the videotape of Estrada playing high-stakes poker with his crony, Atong Ang. The videotape was then shown on TV to the embarrassment of Estrada who ordered an investigation into who leaked the videotape. According to Ador Mawanay's sworn testimony on August 17, 2001, PAOCTF men abducted Bentain outside the casino and immersed him with cement inside a drum and dumped his corpse in Pampanga. The leader of the PAOCTF team, he said, was Col. Michael Ray Aquino. Mawanay identified Estrada's son, Jude, as the man he saw give a black bag containing money to Aquino as payment for the killing of Bentain. Estrada "suffered enough"?? Send comments to [email protected] wwwwwwwwwwwwwwwwwwwwwwwwwwwwwww. Estrada Conviction Unconstitutional Article II, Section 1, of the Philippine Constitution declares that �Sovereignty resides in the People and all government authority emanates from them.� President Estrada should have been tried, and his guilt (or innocence) decided, by that sovereign authority and not by the government branch whose servants are looked upon as mere subordinates of the high officials of the other branches of the government. Mr. Estrada should have been brought to justice before a neutral forum and tried by a jury of his peers. His criminal conviction for economic plunder is unconstitutional because the government has, in some ways, solely acted as his accuser and judge at the same time, a clear conflict of interest by the government itself. The accusation against him was more motivated with politics rather than for justice sake. Do you wonder now why the �Pardoner� is the one begging the �Pardonee� to accept the former�s offer of pardon or amnesty? Under the present set up of the three great government branches - Executive, Legislative and Judiciary - the Judiciary is the weakest in power because its judicial acts do not enjoy direct voting support of the sovereign power of the people. When powerful officials of either of the other government branches exceed their authority to protect themselves on their questionable acts, or under cloud of doubt, it is not far to imagine that such officials would use their influence to gain victory in justice by any means for their personal advantage. They claim superiority in judgement for their acts for the reason, and pretext, that they have the voting support of the sovereign people. In order to rescue the judges and justices from their factual and psychological underdog status that they owe for their positions from their appointing political god-fathers and god-mothers in the Executive or Legislative government branches, it is necessary for the Supreme Court to make good use of the people�s sovereign adjudicative voting power by providing the people with appropriate guidance by means of the jury system to keep them both, the sovereign people and the judiciary, in control of exercising their respective powers and constitutional authority, independent from political intrusions. The people�s sovereign authority in Article II, Section 1, of the constitution has its own life and force because it does not require enactment of a law by Congress to enable the people to exercise it. The people may exercise it with raw power, such as by rebellion under the guidance of dissident leaders against an unpopular government or they may, the better alternative, exercise it peacefully with procedural guidance under the leadership and supervision of the Supreme Court, the managing authority that protects the constitutional rights of the people. This can be achieved by establishing the rules of the jury system so that justice can be served by the sovereign authority of the land and not by mere public servants under control of politicians. When a jury is set to decide, it acts as direct representative of the sovereign people and not as an agent of the government or any government official. Implementing the jury system is easy. The proposed Jury Rules have already been drafted and presented by this author to the Supreme Court (up-dated as of 8/31/07). All that It may need is to review, revise if necessary, and promulgate. Interested parties may file their petition before said Court to urge early adoption of the recommended jury system rules so that the public can exercise their factual sovereignty over their public servants in high places. Anyone interested to read the said proposed jury rules may request showing his/her postal mailing address for its CD by email to: [email protected] . A substantial number of arguments for the adoption of the jury systems overcoming issues concerning alleged lack of education of the people, their honesty or lack of it, why lawyers cannot become good jurors, etc., can also be read in its accompanying article entitled the �Q&A Primer to the Proposed Jury System.� ### Marlowe Camello, (by email), Homeland, CA, Sept. 21, 2007 OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO |