ERAP COULD BE TAKEN OFF CORRUPTION LIST

ERAP COULD BE TAKEN OFF CORRUPTION LIST

MANILA, April 12, 2004 (STAR) Ousted President Joseph Estrada’s name may be stricken off the controversial report of Berlin-based think tank Transparency International (TI) accusing him of embezzling $78 million from the national treasury, Estrada’s political party said yesterday.

In a statement, the Puwersa ng Masang Pilipino (PMP) said TI may revise certain portions of its 2004 Global Corruption Report following a flurry of protests and the threat of a possible lawsuit from Estrada’s camp. Quoting Dolores Español, chairwoman of TI’s Philippine office, the statement said she is personally leading an effort to correct portions of the controversial report on corruption. Español was quoted as having questioned in a letter to Eigen and Peter Rooke, TI’s director for the Asia/Pacific Region, the factual basis of the report’s entries on Estrada’s alleged embezzlement. "Principally, the bone of contention of President Joseph Ejercito Estrada’s negative reaction is : What is the factual basis or source of TI’s report that he allegedly embezzled $78 million to 80 million?" the statement quoted Español as having said.

"TI’s report cited CNN and Inter Press as the source of the figures of $78 million to 80 million. Upon what factual basis did CNN or Inter Press cite such figures? Did TI verify said figures or did TI have any other basis independently of the CNN or Inter Press figures? "These are crucial inquiries which must be traversed directly if TI is to maintain its credibility and professional reputation in the Philippines and in the world community." The statement said Español must have thought that the $78 million to $80 million, which the report alleged Estrada had embezzled, could have been "taken simply" from a conversion into dollars of the P4,097,804,173.17 contained in the criminal information for plunder against Estrada. "The plunder case is still pending further proceedings in court and it is in keeping with the proper conduct of civilized and law-abiding citizens of any country and of responsible and law-abiding international entities such as Transparency International to allow the judicial proceedings to take its natural legal course — completely free from any extraneous statements disruptive of the judicial proceedings — until final disposition of the plunder case," the statement quoted Español’s letter. "From all the foregoing considerations, I humbly request that Transparency International revisit and reconsider its inclusion of President Joseph Ejercito Estrada in the Global Corruption Report of 2004. "Immediate deletion of the name of President Estrada from the Global Corruption Report 2004 (is) advisedly in order. Transparency International’s mission and objective of vigorously and effectively fighting corruption anywhere in the world will not and cannot be served or enhanced by precipitate statements or unsupported and unverified reports that this or that person is ‘corrupt.’"

Español’s letter also detailed various legal points raised by Estrada’s court-appointed lawyers which tended to debunk the basis of the four cases against him before the Sandiganbayan, the statement added.

Estrada refuses to present evidence The Philippine Star 04/12/2004

Deposed President Joseph Estrada has insisted that he does not have to present his side in his plunder trial, saying the prosecution’s case is weak. In a five-page petition filed with the Sandiganbayan, Estrada asked the anti-graft court to reconsider its March 17 decision to deny permission for the defense to present a demurrer to evidence, which is a waiver of his right to rebut the charges against him. Under court procedures, the court can either hand down a conviction right away on a demurrer motion if there is sufficient evidence, or deny the motion and set it for trial. Estrada was ordered to present his defense on April 19, his 67th birthday.

"A demurrer to evidence is unquestionably a potent procedural device to test the sufficiency of the prosecution’s evidence," defense lawyer Noel Malaya told reporters. "If Estrada is allowed to file a demurrer to evidence, it will be his first opportunity to test the sufficiency of the prosecution’s evidence and he feels confident that he will be able to establish that the evidence against him is constitutionally and legally infirm to overcome presumption of innocence," Malaya said. Prosecutors allege Estrada was stalling because he does not have evidence to back him.

Estrada was ousted in a military-backed popular protest in January 2001 amid corruption charges. He is accused of amassing more than P4 billion during his 31-month rule. He allegedly ran an illegal gambling protection racket and embezzled state funds. He faces the maximum penalty of death if convicted. Estrada maintains he has not resigned and claims he was illegally forced out of office. Estrada was replaced by President Arroyo, who was then vice president. The former actor, who still enjoys huge support from the poor, insists he still enjoys immunity from suit and does not recognize the authority of the Sandiganbayan. He withdrew his lawyers early in the trial — which he claims is rigged — but the court appointed him counsel against his wishes. The prosecution rested its case in April last year and the defense was originally scheduled to present its side in June.

However, an Estrada motion that sought a dismissal of the charges against him delayed the trial. He argued that the Supreme Court erred when it swore in Mrs. Arroyo to replace him after declaring the presidency vacant during the 2001 uprising. The Sandiganbayan rejected the motion, saying a lower court cannot overturn a Supreme Court ruling. To bolster his case, Estrada filed an impeachment complaint in June against eight Supreme Court justices, including Chief Justice Hilario Davide Jr., for allegedly playing partisan politics to legalize his ouster. The complaint was junked by a House of Representatives committee for being insufficient in substance.

Reported by: Sol Jose Vanzi

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