Plunder law is constitutional says apex court

The Philippines Supreme Court yesterday upheld the constitutionality of the plunder law, a decision which allowed the anti-graft tribunal, Sandiganbayan, to continue with its trial of former president Joseph Estrada and his son for alleged violation of the edict.

With its 15 members voting 10 against four in favour of the law, with one abstention, the High Court ruling has finally removed a major stumbling block to the continued prosecution of the Estradas.

Prosecutors said the father and son violated the plunder law, as they alleged the duo committed several criminal acts that allowed them to accumulate an estimated $80 million in undeclared wealth.

Plunder is a crime punishable by death.

The decision was the High Court's answer to a petition filed by Estrada's defence lawyers alleging that the plunder law, which Estrada himself approved and signed when he was senator, is vague, specifically the phrase that says plunder is committed by amassing ill-gotten wealth through "a combination or series of overt or criminal acts".

Aside from plunder, Estrada is also being tried on lesser charges of illegal use of an alias and perjury for under declaring his 1999 statement of assets and liabilities. Estrada lawyers have apparently been delaying previous plunder trials of the former president until the Supreme Court can decide on the constitutionality of the law they are questioning.

"Once the Supreme Court has ruled we cannot do anything about it anymore, although they can still ask for reconsideration. But it is unlikely it will reverse its earlier decision," said Didagen Dilangalen, an Estrada ally in the House of Representatives.

Raymund Fortun, an Estrada lawyer, said they are still contemplating possible legal alternatives. "We will wait until we receive a copy of the Supreme Court resolution. Once we receive that, we can decide what course of action to take," he said.

The lawyer said the high court's decision did not come as a surprise. "From the beginning we knew it's a standard principle to declare a law constitutional," he said.

The decision was hailed by legislators in favour of Estrada's conviction.

"We are glad about the ruling as this will back up the case against the former president. Otherwise, the plunder charges will just fall into pieces," said House of Representatives member, Clavel Martinez.

Martinez was former House prosecutor in the impeachment trial at the Senate.