Ombudsman backtracks

The Ombudsman's office backtracked on five of eight cases lodged against former President Joseph Estrada, saying it would concentrate on the plunder cases, a capital non-bailable crime punishable by death.

"This will help speed up the case. Plunder encompasses all possible avenues of graft and corruption," said Ombudsman, Aniano Desierto. "We did this for tactical reasons. We don't want to give the defence the opportunity to raise the issue of double jeopardy. Everything must be focused on the plunder case."

Estrada's lawyer, Raymond Fortun, in response, said they will file impeachment charges against Desierto for "placing the president in a shameful situation by railroading the cases at the Sandiganbayan only to backtrack now after the damage has been done".

"The Ombudsman has committed the error of damaging public trust," said Fortun. Estrada will also file damages, he added. Under the plunder charge, Estrada is accused of abusing his position to illegally amass more than $400 million in two years.

"We will concentrate on plunder which is the crux of the whole case," said Desierto. He pointed out that it was in response to a suggestion from the prosecution that the cases might be dropped due to technicalities such as duplication of trial.

Among the charges cancelled were Estrada's violation of the code of conduct of government officials when he allegedly took $10 million in jueteng bribes; four counts of graft in relation to his acceptance of $2.7 million diverted from the $4.2 million tobacco excise tax; the receipt of $3.8 million in goodwill money from the $38 million investment of the Social Security System and the Government Insurance System in firms owned by his friend William Ocier; calling for protection of his friend, Dante Tan, from accusations of insider-trading; and the distribution of accumulated wealth to former first lady Luisa Ejercito, his son Jinggoy and friend Atong Ang.

All these cases were incorporated into the plunder charge. Some of them could be refiled at a future date, explained Desierto. Still, many observers feel that the government did not ensure that the cases were water tight when filed at the Sandiganbayan for trial.

"We did not want the lawyers of the former president to exploit the apparent technical weakness of the cases," said Desierto, but added: "I think we can win because of the strength of our evidence." Joining Desierto, Chief state prosecutor Jovencito Zuno said: "Concentrating on one major case is better than having splintered cases against one man."

But Joseph Victor Estrada, San Juan mayoral candidate and the son of Estrada, warned once more of civil unrest should his father be sent to jail. He admitted his family was demoralised by the filing of corruption charges against the ex-president, ex-first lady Luisa Ejercito and incumbent San Juan Mayor Jose Estrada.

Meanwhile, Estrada is not yet off the hook since the Ombudsman has not yet elevated to the Sandiganbayan charges of falsification of documents, illegally using an alias in several banks accounts and the misdeclaration of assets.

He was accused of allowing his spiritual lay adviser, Mike Velarde, to sell a lot at $24 million when it was priced at $6.5 million, in the construction of a major road connecting northern suburban Quezon City to southern suburban Paranaque City.

The Ombudsman is still studying the filing of six other charges against Estrada, said Deputy Ombudsman Margarito Gervacio. Estrada posted bail for six charges last Monday, to avoid arrest, but these were the same charges dropped by the Ombudsman. Estrada was ousted by a military-backed popular street protests on January 20.