Supreme Court clears Estrada, Velarde of plunder raps

MANILA, Philippines - Former President Joseph Estrada, El Shaddai leader Mike Velarde and 16 others have been cleared by the Supreme Court of plunder charges filed nine years ago.

In upholding a ruling of the Office of the Ombudsman, the SC said no probable cause existed to allow their indictment for violation of Republic Act 7080, the Anti-Plunder Law, for the alleged overpricing in the government’s purchase of a P1.22-billion land from the Velarde-controlled AMVEL Land Corp. in 1999.

The SC said ordinarily it does not interfere with the Office of the Ombudsman in determining the existence of probable cause to charge a person before the courts.

However, then Ombudsman Aniano Desierto did not commit grave abuse of discretion since the resolution clearing Estrada, Velarde and 16 others was based on substantial evidence, the SC added.

The SC did not give weight to lawyer Ernesto Francisco Jr.’s contention that the anti-graft agency gravely abused its discretion in dismissing his complaint on Nov. 16, 2001 for lack of evidence.

The SC also cleared former executive secretary Ronaldo Zamora, former public works secretary and Toll Regulatory Board (TRB) chairman Gregorio Vigilar; former prime minister Cesar Virata, Luis Virata and Manuel Zamora.

Also cleared were former TRB officials Mariano Benedicto II, Ramon Dumaual, and Ruben de Ocampo; Frisco San Juan, and Arsenio Yulo, former PEA chairmen; Patrick Gatan, Luis Medina-Cue, Soledad Media-Cue, Rey Divino Daval-Santos and Silvestre de Leon, members of the Parañaque City Appraisal Committee.

Velarde was sued in his capacity as chair of AMVEL, along with his son, Franklin, the firm’s executive vice president.

In his complaint, Francisco alleged that the AMVEL properties were overpriced by P828.6 million.

However, the Office of the Ombudsman found respondents complied with the prescribed procedure in determining a fair and reasonable valuation of the properties in question.

“There is no evidence that public respondents benefited (or) profited or had taken shares with private respondents in the transaction,” the Ombudsman said.

Promulgated last Oct. 2, the SC decision was written by Associate Justice Teresita Leonardo-de Castro. – Edu Punay