Sandigan refuses to revive perjury case vs Erap

MANILA, Philippines – The Sandiganbayan yesterday refused to revive a perjury case against ousted President Joseph Estrada in connection with his statement of assets, liabilities and net worth (SALN) in 1999 as earlier sought by government prosecutors.

The special division of the anti-graft court cited a pending resolution of the Supreme Court on a petition filed by prosecutors handling the same case in 2001.

Presiding Justice Diosdado Peralta, chair of the division that convicted Estrada of plunder and acquitted him of a separate perjury charge in September last year, said the anti-graft court has to await further ruling or clarification from the High Court on whether it should push through with the trial on the perjury case.

The Office of the Special Prosecutor sought the revival of the perjury case against Estrada (Criminal Case No. 26564) through a five-page manifestation filed last June 20, saying it should be pursued since the perjury case junked by the anti-graft court last year was a different one (Criminal Case No. 26905).

But Peralta told prosecutors that reviving trial on the perjury case might be futile once objection on the use of pieces of evidence that were not listed in the pre-trial is again raised. He believes resolution on this issue needs clarification from the SC.

“So we have to wait for the Supreme Court to rule on that issue. We need more clarification,” he stressed.

Still, the presiding justice of the anti-graft court ordered lawyers of Estrada to submit within 10 days from yesterday their comment on the petition and likewise the prosecutors to file a reply five days thereafter.

Lawyer Jose Flaminiano, counsel of Estrada, hinted during yesterday’s hearing that “the same defense would be presented” if the Sandiganbayan decides to revive the trial on the second perjury case against their client.

The perjury case before the first division was shelved when then Sandiganbayan Presiding Justice Francis Garchitorena barred prosecutors from submitting pieces of evidence that they failed to list down during pretrial conference, including bank documents showing that the ousted leader kept two deposit accounts containing at least P74 million, contrary to his declared net worth of only P35 million.

Prosecutors then challenged Garchitorena’s ruling before the Supreme Court but to no avail. The high tribunal dismissed their appeal, saying this had become “moot” after the anti-graft court’s Special Division acquitted Estrada of perjury.