Erap challenges gov’t to revoke pardon

11/17/2007

Irked by the many threats being aired about the probable revocation of his unconditional pardon granted by President Arroyo, deposed President Joseph Estrada yesterday dared govern-ment authorities to revoke the pardon, saying he is willing to risk losing this while stressing that he will continue to fight the Sandiganbayan if the court continues to insist on forfeiting his assets that were not included in the dispositive portion of his conviction as well as his personal properties that were acquired before he became president.

In a dzMM radio interview yesterday, Estrada pointed out he was ready to face the revocation of his unconditional pardon, saying he was ready to be put in prison, even if it is Muntinlupa, “if they (government) can prove that I committed an offense (by fighting the forfeiture).”

He reiterated that his decision to accept the presidential pardon was made upon the realization that there was no hope for him to get any justice under the current system, saying even if he went all the way to the high court, with Chief Justice Puno, the ponente who legitimized his ouster through the “constructive resignation” ruling in the high court, he would have no chance to get the justice due him.

Estrada has made it clear that he will fight to the death

for his properties. The Sandiganbayan has directed its sheriff, Ed Urieta, to seize Estrada’s personal assets, in addition to the earlier mentioned assets that were ruled by the court to be seized, such as the Boracay Mansion, the funds of the Erap Muslim Youth Foundation and the Jose Velarde bank account, all of which Estrada claimed the government could forfeit, since these were never his properties and assets. But he is firm in fighting the government in the seizure of his lawfully acquired assets which have nothing to do with the alleged ill gotten wealth.

“Modesty aside, my family is quite well-off...My grandmother has an ancestral home in Laguna. We had the biggest house, a mansion when we transferred to San Juan. I ruled through service and not greed. If I stole the people’s money, I would not have the face to appear before the public. That is why I am fighting this,” he was quoted as saying.

But the revocation of the former president’s executive clemency is next to impossible, under his current circumstance, even if he “violates” the court’s forfeiture order on his properties, administration Sen. Miriam Defensor-Santiago yesterday said amid reports on the possibility of Estrada returning to jail or house arrest due to his resistance to the Sandiganbayan’s order for him to surrender some of his properties to make up for the amount the government wants returned to the country’s coffers.

Santiago, in a press conference, pointed out that President Arroyo can no longer take back the pardon granted to Estrada or even declare it null and void even if a “violation” is committed because it is an unconditional one.

“It was reported in the papers that it was full, complete and absolute. If that is the case, it is not a conditional pardon. There is no condition for it. Even if he (Estrada) let’s say, violates the law, then the pardon will continue. It depends on the language employed.

“I am only trusting what I read in the papers. If it is accurately reported as having been ‘full, complete and absolute pardon,’ then the mere fact that he has violated the law will, of course, incur liability in the prosecution service for him, but it will not necessarily lift the pardon,” she said.

Santiago, a former regional trial court judge, pointed out that normally, if the person pardoned violates the conditions of his pardon it becomes null and void.

But this does not appear to be applicable to Estrada’s case as the pardon itself as signed by the President, is unconditional, she said.

Talk of the revocation of the presidential pardon increased after acting Justice Secretary Agnes Devanadera hinted at a revocation, followed by threats issued by Chief Special Prosecutor

Dennis Villa-Ignacio, who has been saying he will be asking for a recall of the executive clemency granted to Estrada, noting his refusal to pay in full the assets stated in the Sandiganbayan’s forfeiture order.

Villa-Ignacio has also threatened to resign, saying he was against the pardon, which he intimated was granted with “undue haste.”

Meanwhile, the Special Division of the Sandiganbayan has reset the scheduled hearing on the motion to quash and petition for a temporary restraining order of the former president Friday after two of its associate justices were not able to attend the proceedings.

It was learned that Associate Justice Diosdado Peralta is in Davao while Justice Francisco Villaruz is in Tagaytay attending to their scheduled hearings.

Only Presiding Justice Teresita De Castro was present prompting them to reschedule the hearing on Monday.

Estrada’s lawyers filed a petition to stop the writ of execution issued by the anti-graft for the confiscation of the former leader’s personal assets.

On Thursday, Sandiganbayan received checks amounting to P215 million from Banco de Oro.

The amount was from the account of the Erap Muslim Youth Foundation which was included as among those being confiscated by the anti-graft court. The sheriff received the checks and immediately turned this over to the court cashier.

The writ of execution, issued last Nov. 6, also orders the forfeiture of the Boracay Mansion in New Manila, Quezon City, which is now being claimed by the city government. Angie M. Rosales, Jojo Arazas and Kajlil Arico

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