Sandigan allows withdrawal of secondary suit vs Estrada

The Sandiganbayan allowed yesterday state prosecutors to withdraw a secondary graft case against former President Joseph Estrada so they could focus on the main charge of plunder against him.

Also cited as respondents in the case were his son former San Juan Mayor Jinggoy Estrada and two other alleged accomplices.

Dropped was Criminal Case No. 26563 charging the disgraced leader of violation of Republic Act 6713 also known as the Code of Conduct and Ethical Standards for Public Officials and Employees.

This brought to four the number of suits withdrawn by the Office of the Ombudsman to enable the prosecutors to concentrate on the main charges of plunder, perjury and illegal use of alias.

Estrada was initially indicted on eight graft-related charges after he was toppled last January in a military-based popular uprising called people power II sparked by a worsening corruption scandal.

However, government prosecutors later asked permission from the Sandiganbayan to withdraw four of the complaints

Sandiganbayan Associate Justice Anacleto Badoy Jr., chairman of the court’s third division, said that since the court has not acquired jurisdiction over the accused, and no warrant of arrest has been issued, the request was granted.

The case stemmed from an alleged conspiracy involving the former president, Jinggoy, suspected gambling lord Charlie "Atong" Ang and personal accountant Yolanda Ricaforte in "soliciting and receiving" a total of P545 million protection money from jueteng operators from November 1998 to August 2000.

Other cases withdrawn earlier included the anomalous purchase of some P1.8 billion worth of stocks in Belle Corp. using funds from the Social Security System and the Government Service Insurance System where Estrada allegedly got a fat commission, and his alleged intervention in a probe by the Securities and Exchange Commission of his friend, Best World Resources executive Dante Tan.

The Sandiganbayan fourth division likewise granted the withdrawal of the case stemming from Estrada’s alleged skimming of P130 million in excise tax remittance for Ilocos Sur province.

Estrada was arraigned on June 27 on the perjury case arising from his alleged misdeclaration of his 1999 Statement of Assets and Liabilities.

Meanwhile, Sandiganbayan Presiding Justice Francis Garchitorena, in a separate resolution, granted Estrada’s motion to be furnished documentary evidence presented by the prosecution to enable him to prepare for his defense.

Estrada also asked anew the Sandiganbayan to allow him to be placed under temporary house arrest so that he could adequately prepare for his pre-trial in the perjury case set on Aug. 2. – Jose Rodel Clapano, Efren Danao, Delon Porcalla