the anti-graft court spoke

The Sandiganbayan through its Special Division already rendered its judgment.

The dispositive portion of the 300+ page decision reads:

WHEREFORE, in view of all the foregoing, judgment is hereby rendered in Criminal Case No. 26558 finding the accused, Former President Joseph Ejercito Estrada, GUILTY beyond reasonable doubt of the crime of PLUNDER defined in and penalized by Republic Act No. 7080, as amended. On the other hand, for failure of the prosecution to prove and establish their guilt beyond reasonable doubt, the Court finds the accused Jose “Jinggoy” Estrada and Atty. Edward S. Serapio NOT GUILTY of the crime of plunder, and accordingly, the Court hereby orders their ACQUITTAL.

The penalty imposable for the crime of plunder under Republic Act No. 7080, as amended by Republic Act No. 7659, is Reclusion Perpetua to Death. There being no aggravating or mitigating circumstances, however, the lesser penalty shall be applied in accordance with Article 63 of the Revised Penal Code. Accordingly, accused Former President Joseph Ejercito Estrada is hereby sentenced to suffer the penalty of Reclusion Perpetua and the accessory penalties of civil interdiction during the period of sentence and perpetual absolute disqualification.

The period within which accused Former President Joseph Ejercito Estrada has been under detention shall be credited to him in full as long as he agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners.

Moreover, in accordance with Section 2 of Republic Act No. 7080, as amended by Republic Act No. 7659, the Court hereby declares the forfeiture in favor of the government of the following:

(1) The total amount of Five Hundred Forty Two Million Seven Hundred Ninety One Thousand Pesos (P545,291,000.00), with interest and income earned, inclusive of the amount of Two Hundred Million Pesos (P200,000,000.00), deposited in the name and account of the Erap Muslim Youth Foundation.

(2) The amount of One Hundred Eighty Nine Million Pesos (P189,000,000.00), inclusive of interests and income earned, deposited in the Jose Velarde account.

(3) The real property consisting of a house and lot dubbed as “Boracay Mansion” located at #100 11th Street, New Manila, Quezon City.

The cash bonds posted by accused Jose “Jinggoy” Estrada and Atty. Edward S. Serapio are hereby ordered cancelled and released to the said accused or their duly authorized representatives upon presentation of the original receipt evidencing payment thereof and subject to the usual accounting and auditing procedures. Likewise, the hold-departure orders issued against the said accused are hereby recalled and declared functus oficio.

SO ORDERED.

The defense counsels for the Former President are still conferring as to the remedy they wish to avail. As far as my limited knowledge in Criminal Procedure (which by the way I took under the instruction of the Hon. Justice Peralta), within 15 days, Former President Estrada can either file an Motion for Reconsideration to the Sandiganbayan or file a Petition for Certiorari directly to the Supreme Court. Failure to avail of any of these options and after the lapse of the reglementary period, the decision will become final and executory.

More than anything, I agree with the Special Prosecutor when he said that this isn't only a victory for the prosecution but also of the Rule of Law. At least, this is a clear evidence that our judicial system is working.

More on this on my next post. I need to run.