Erap and His Three Billion

     Guilty.  Joseph Estrada is found guilty of plunder.

     This is an important mark in our history – the first time a head of state is tried and convicted of a crime committed while in office.  Of course not as cold and uncharitable how we’ve seen people in Korea or Iraq did of their erring leaders.  We are, perhaps, a compassionate lot.  Look how we allowed Marcos to take a Hawaiian vacation after his ouster.  And now, Erap while on trial, is well-rested in the comfort of his Tanay rest house. 

     The verdict was well, expected –  assuming that the Arroyo Administration had a hand in the outcome – now repeatedly muttered as a post-verdict spin by the Erap supporters, that it is nothing but a political decision intended to legitimize GMA’ assumption to power.  The logic, of course, is not farfetched.  For indeed, following such assumption, if Arroyo allowed a total acquittal –  she will be just supplying the noose with which to hang herself, so to speak.

     But without painting any political color on the decision and by simply sieving through the reasoning of the Sandiganbayan would perhaps render irrelevant any suspicion of it as being simply a politicial decision.  Setting aside pure conjectures, the court should be credited for such an evidently exhaustive and judicious decision. 

     Consider for example the court’s finding (and Erap’s blunder?) that he is the personal and beneficial owner of the “Jose Velarde” account, part of which was established to be the commissions personally gained by Erap in the purchase of Belle Shares using GSIS and SSS funds.  The amount of commission paid:  P189,700,000.00.  

     Here’s a pertinent snippet of the court’s decision:

  x  x  x  The Court finds that former President Estrada is the real and beneficial owner of EPCIB combo account C/A No. 0110-25495-4 and S/A No. 0160-62501-5 in the name of Jose Velarde.

  The eyewitness account of Prosecution witness Clarissa Ocampo that she saw former Pres. Estrada sign the name Jose Velarde in the various documents presented to him x  x  x was undisputed by (him) and constitutes direct evidence that former Pres. Estrada signed as Jose Velarde.

  Another direct evidence that (he) is Jose Velarde is the admission of former Pres. Estrada that he signed as Jose Velarde in the documents presented to him by Ocampo.

  As stated, SSS and GSIS used the funds belonging to its million belonging to millions of members to buy Belle Shares upon instruction of  former Pres. Estrada who benefited for his personal gain from the P189,700,000 commission paid in consideration of the purchase of the Belle shares by SSS and GSIS.

  The amount of P189,700,000.00 deposited to the Jose Velarde account of former Pres. Estrada are public funds. x  x  x”

     The crime of plunder which Erap is convicted for deserves utmost condemnation.  I do not share, nor consent to the view that his being a former president extenuates the gravity of this crime.   

     On the contrary, the fact that a person of such high government position and entrusted with such immense power is perhaps the aggravating circumstance that impelled the legislators to make plunder a heinous crime in the first place. The respect accorded to the position of the President should be contra-distinguished from a rightful condemnation of the crime.  We should learn to put each in its proper place.
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