REPUBLIC OF THE
-----
PEOPLE
OF THE
Plaintiff,
- versus - CRIM.
CASE NO. 26905
JOSEPH
EJERCITO ESTRADA,
Accused.
PRESENT:
DE CASTRO, PJ., Chairperson
VILLARUZ,
JR., and
PERALTA, JJ.
PROMULGATED:
September 12, 2007
X
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
- - - - - - - - - - - - - - - - X
The accused, former President Joseph
Ejercito Estrada, is charged with the crime of Perjury defined in and penalized
by Article 183 of the Revised Penal Code in an Amended Information docketed as
Criminal Case No. 26905 which reads as follows:
That on
or about 29 April 1999, in the City of Manila, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused, being then the
President of the Republic of the Philippines, taking advantage of his official
position and committing the offense in relation to office, being then required
by law to file a Statement of Assets, Liabilities and Networth [SALN], did then
and there willfully, unlawfully and feloniously state in his SALN for the year
ending 31 December 1998, which he executed under oath before a notary public
and filed as required by R.A. 6713, that his total assets were P37,385,307.08
including P5,035,363.40 of cash in hand and in bank, and that this business
interests were only in JELP Real Estate and Dev. Corp., J.E. Inc. and Feluisa
Dev. Corp., which material statements are false and untruthful, as he had by
then much more assets, including P57,106,201.40 cash in three (3) banks
accounts alone, namely: P44,268,442.68 with Keppel Bank; P548,121.84 with ASIA
UNITED Bank; and, P12,289,636.88 with Security Bank, as well as other corporate
holdings and connections with the following corporations, namely, First LPL
Land Syndication, Inc.; Asis-Ejercito Garments, Inc.; 24K International Food,
Inc.; Alpha Funds, Inc.; Prime Entertainment for Television Production, Inc.;
ADE Food, Inc.; Electronic Sentry Systems, Inc.; All Hot Soup, Inc.; F.E.L.T.
Food Services.
CONTRARY TO LAW.
Before
the Court acquired jurisdiction over the person of accused former President
Joseph Ejercito Estrada, the Supreme Court, in Adm. Matter No. 02-1-07-SC, resolved
to create a Special Division in the Sandiganbayan to hear, try and decide the
Plunder case and all related cases against the said accused pursuant to the
recommendation of the Oversight Committee of the Supreme Court. The Supreme
Court resolution was in response to the request of the Sandiganbayan that
promulgated its Resolution No. 01-2002 on January 8 and 11, 2002 with respect
to the Request for Re-Raffle of the defense counsel and the Opposition to
Request for Re-Raffle of the Special Prosecution Panel.
When
the case was set for arraignment, accused former President Joseph Ejercito
Estrada moved to reset the same and simultaneously filed a Motion to Quash on
the following grounds, to wit: 1) the facts charged in the Information do not
charge an offense; 2) the officer who prematurely filed the Information had no
authority to do so; 3) the Information impermissibly charges more than one
offense; and 4) it arbitrarily splits the complaint because of the persistence
of the prosecution in disrespecting the interdiction that [n]o person shall be
twice put in jeopardy for the same offense, while at the same time pursuing
what it calls the main charge for Plunder, seeking disingenuously to deprive
accused of the valuable right of invoking double jeopardy, res judicata
dressed in prison grey.[1]
On
March 6, 2002, the Court resolved to deny accused former President Joseph
Ejercito Estradas Motion to Quash. On
the points raised by the accused in his Motion to Quash, the Court ruled[2] as
follows:
The
information is not duplicitous. It
charges accused only of one offense perjury.
This is evident in the title and body of the information. The fact that the same mentions R.A. 6713 does not make it duplicitous. As the Court sees, R.A. 6713 is mentioned
only by way of reference to show compliance that the fourth element of the
crime charged has been alleged in the information.
xxx xxx xxx.
Section 3
of Rule 117 of the 2000 Rules of Criminal Procedure enumerates the grounds upon
which an information or complaint may be quashed. These grounds are exclusive and no other
ground can be considered except those as mentioned in the aforecited
section. As splitting is not one of
those specified in said section, we cannot consider it.
xxx xxx xxx.
On the ground of double jeopardy,
the arguments of the accused fail to convince us of its presence.
The
requisites that must concur for a legal jeopardy to attach are: (a) a valid
complaint or information; (b) a court of competent jurisdiction; (c) the accused
has pleaded to the charge; and (d) the accused has been convicted or acquitted
or the case dismissed or terminated without the express consent of the accused
(Dela Rose vs. Ca, 253 SCRA 499). In the
instant case, the fourth element is noticeably lacking. The first jeopardy has not yet attached, as
there is no conviction, acquittal, dismissal or termination of the case without
the consent of the accused to speak of.
WHEREFORE,
all the foregoing, the instant motion is DENIED for lack of merit.
Consequently, arraignment proceeded with accused,
assisted by counsel de oficio, refusing to enter any plea. Hence, in accordance with the Revised Rules
of Criminal Procedure, the Court entered a plea of Not Guilty on his
behalf. The case was then set for
pre-trial conference and the prosecution and the accused were directed to file
their corresponding pre-trial briefs on or before the said date.
During
the pre-trial conference on April 22, 2002, counsels de oficio for
accused former President Joseph Ejercito Estrada reiterated their Manifestation
filed during the pre-trial in Criminal Case No. 26565 (for Illegal Use of
Alias) involving the same accused as follows:
A. Facts of the case
x x x
They are not in a position to
intelligently enter into any stipulation or admission because the accused does
not want to be represented by any counsel hence, they were not able to confer
with him regarding this case.
B. Testimonial
and Documentary Evidence
The undersigned hereby respectfully
manifest that at this time, they cannot make proper listing of witnesses and
documentary exhibits because of non-cooperation of the accused.
C. Defense
Also the undersigned are not in a
position to state the defense because of the non-conference of the accused.
On
the other hand, the prosecution marked the following documentary exhibits:
EXHIBITS DESCRIPTION
A Sworn Statement of Assets,
Liabilities, and Net Worth of accused Joseph Ejercito Estrada and Luisa P.
Ejercito as of 31 December 1998
B Certified True Copy (CTC) of
Keppel Bank Signature Card of Account No. 6007-005-7-9 of accused Joseph
Ejercito Estrada dated 10 August 1990
B-1 Keppel Bank Statement of Account
No. 6007-00057-9
B-2 Certification of Balance of
Account No. 6007-00057-9 as of 31 December 1998
C Security Bank Signature Card
of Account Nos. 0091-203796-550, 0091-203796-554, and 0091-203796-559 of
accused Estrada
C-1 CTC of Security bank Passbook
No. 544552
C-2 CTC of Investment Savings
Account (ISA) agreement of Security bank dated 21 April 1998
C-3 CTC of ISA agreement dated 21
May 1998
C-4 CTC of ISA agreement dated 22
June 1998
C-5 CTC of ISA agreement dated 23
September 1998
C-6 CTC of ISA ledger covering the
period from 26 October 1998 to 25 November 1998
C-7 CTC of ISA ledger covering the
period from 28 December 1998 to November 1999
C-8 CTC of ISA ledger covering the
period from 7 January 2000 to 11 December 2000
C-9 CTC of Confirmation of
C-10 CTC of CS No. 83099
C-11 CTC of CS No. 83952
C-12 CTC of CS No. 85007
C-13 CTC of Cs No. 85571
C-14 CTC of CS No. 85761
C-15 CTC of CS No. 86099
C-16 CTC of Security Bank confirmation
of Sale No. 81046 dated 10 April 1997
C-17 CTC of Security Bank Passbook No.
544581
C-18 CTC of ISA agreement dated 29
April 1998
C-19 CTC of ISA agreement dated 2
October 1998
C-20 CTC of ISA ledger as of 3 November
1998
C-21 CTC of ISA ledger covering the
period from 3 December 1998 to 11 November 1999
C-22 CTC of ISA ledger covering the
period from 13 December 1999 to 17 November 2000
C-23 CTC of ISA ledger covering the
period from 19 December 2000 to 18 January 2001
C-24 CTC of Transaction History Enquiry
of Account No. 0091-203796-554 dated 12 February 2001
C-25 CTC of Security Bank Passbook No.
580913
C-26 CTC of ISA agreement dated 8 June
1998
C-27 CTC of ISA agreement dated 7
October 1998
C-28 CTC of ISA ledger as of 6 November
1998
C-29 CTC of ISA ledger covering the
period from 9 December 1998 to 15 November 1999
C-30 CTC of ISA ledger covering the
period from 15 December 1999 to 17 November 2000
C-31 CTC of ISA ledger covering the
period from 19 December 2000 to 18 January 2001
C-32 CTC of Transaction History Enquiry
of Account No. 0091-203796-59
C-33 Affidavit of Eunice Cuyu-Domingo
C-34 Photocopy of Security Bank ISA
placement
D CTC of Signature Card of Asia
United Bank (AUB) Account No. 001-01-000588-8 of accused Estrada
D-1 CTC of Customer Information
Sheet of AUB Account No. 001-01-00588-8 dated 3 November 1999
D-2 CTC of Statement of Account of
AUB Account No. 001-01-000588-8
D-3 Certification of Balance of AUB
Account No. 001-01-000588-8 as of 31 December 1998
G Certificate of Registration
of First LPL Land Syndication, Inc. dated 21 July 1995
G-1 Articles of Incorporation of
First LPL Land Syndication, Inc. dated 14 July 1995 consisting of eleven (11)
pages
G-1-a Name of Dra. Luisa Ejercito with the
corresponding number of subscribed shares thirty-five thousand seven hundred
fourteen (35,714) amounting to Three Million Five Hundred Seventy-one Thousand
Four Hundred (P3,571,400) Pesos on page 6 of Exhibit G-1
G-1-b Name of Dra. Luisa Ejercito with the
corresponding paid-up amount of One Million (P1,000,000.00) Pesos on page 7 of
Exh. G-1
G-1-c Signature of Dra. Luisa Ejercito on
page 8 of Exh. G-1
G-2 By-Laws of First LPL Land
Syndication, Inc. dated 14 July 1995 consisting of thirteen (13) pages
G-2-a Signature of Dra. Luisa P. Ejercito
on page 13 of Exh. G-2
H Certificate of Registration
of Asis-Ejercito Garments, Inc. dated 24 September 1990
H-1 Articles of Incorporation of
Asis-Ejercito Garments, Inc. dated 10 September 1990 consisting of eleven (11)
pages
H-1-a Name of Jacqueline P. Ejercito with
the corresponding number of subscribed shares six hundred ten (610) amounting
to Sixty-one Thousand (P61,000.00) Pesos appearing on page 6 of Exh. I-1
H-1-b Name of Luisa P. Ejercito with the
corresponding number of subscribed shares amounting to one thousand (P1,000.00)
Pesos appearing on page 6 of Exh. I-1
H-1-c Name of Jacqueline P. Ejercito with
the corresponding amount paid-up of Fifteen Thousand Two Hundred fifty
(P15,250.00) Pesos appearing on page 7 of Exh. I-1
H-1-e Signature of Jacqueline P. Ejercito
appearing on page 8 of Exh. I-1
H-1-f Signature of Luisa P. Ejercito
appearing on page 8 of Exh. I-1
H-2 By-Laws of Asis-Ejercito
Garments, Inc. dated 10 September 1990 consisting of thirteen (13) pages
H-2-a Signature of Jacqueline P. Ejercito
appearing on page 13 of Exh. I-2
H-2-b Signature of Luisa P. Ejercito
appearing on page 13 of Exh. I_2
I Certificate of Registration
of 24 K International Food, Inc. dated 4 May 1988
I-1 Articles of Incorporation of
24 K International Food, Inc. dated 22 April 1988 consisting of nine (9) pages
I-1-a Name of Luisa P. Ejercito with the
corresponding number of subscribed shares of one thousand (1,000) amounting to
One Hundred Thousand (P100,000.00) Pesos appearing on page 5 of Exh. K-1
I-1-b Name of Luisa P. Ejercito with the
corresponding paid-up amount of Twenty-five Thousand (P25,000.00) Pesos
appearing on page 6of Exh. K-1
I-1-c Signature of Luisa P. Ejercito
appearing on page 6 of Exh. K-1
I-2 By-laws of 24 K International
Food, Inc. dated 22 April 1988 consisting of seventeen (17) pages
I-2-a Signature of Dra. Luisa P.
Ejercito appearing on page 17 of Exh. K-2
J Certificate of Registration
of Alpha Funds, Inc. dated 6 October 1987
J-1 Articles of Incorporation of
Alpha Funds, Inc. dated 7 September 1987 consisting of eleven (11) pages
J-1-a Name of accused Estrada with the
corresponding subscribed amount of One Million (P1,000,000.00) Pesos out of
which Two Hundred Fifty Thousand (P250,000.00) Pesos was paid-up appearing on
page 7 of Exh. L-1
J-1-b Signature of accused Estrada
appearing on page 9 of Exh. L-1
J-2 By-laws of Alpha Funds, Inc.
dated 7 September 1987 consisting of nineteen (19) pages
J-2-a Signature of accused Estrada
appearing on page 18 of Exh. L-2
K Certificate of Registration
of Primetime Entertainment for Television (Pentel) Productions, Inc. dated 26
September 1986
K-1 Articles of Incorporation of
Primetime Entertainment for Television (Pentel) Productions, Inc. dated 8
September 1986 consisting of seven 97) pages
K-1-a Name of Jinggoy Estrada with the
corresponding number of subscribed shares of five hundred eighty (580)
amounting to Fifty-eight Thousand (P58,000.00) Pesos appearing on page 4 of
Exh. M-1
K-1-b Name of Luisa P. Ejercito with the
corresponding number of subscribed shares of twenty (20) amounting to Two
Thousand (P2,000.00) Pesos appearing on page 4 of Exh. M-1
K-1-c Name of Jacqueline Ejercito with
the corresponding number of subscribed shares twenty (20) amounting to Two
Thousand (P2,000.00) Pesos appearing on page 4 of Exh. M-1
K-1-d Name of Jinggoy Estrada with the
corresponding paid-up amount of Fourteen Thousand five Hundred (P14,500.00) Pesos
appearing on page 4 of Exh. M-1
K-1-e Name of Luisa P. Ejercito with the
corresponding paid-up amount of Five Hundred (P500.00) Pesos appearing on page
4 of Exh. M-1
K-1-f Name of Jacqueline Ejercito with
the corresponding paid-up amount of Five Hundred (P500.00) Pesos appearing on
page 4 of Exh. M-1
K-1-g Signature of Jinggoy Estrada
appearing on page 5 of Exh. M-1
K-1-h Signature of Luisa P. Ejercito
appearing on page 5 of Exh. M-1
K-1-i Signature of Jacqueline Ejercito
appearing on page 5 of Exh. M-1
K-2 By-laws of Primetime
Entertainment for Television (Pentel) Productions, Inc. dated 8 September 1986
consisting of seven (7) pages
K-2-a Signature of Jinggoy Estrada
appearing on page 7 of Exh. M-2
K-2-b Signature of Luisa P. Ejercito
appearing on page 7 of Exh. M-2
K-2-c Signature of Jacqueline Ejercito
appearing on page 7 of Exh. M-2
L Certificate of Incorporation
of A D E Food, Inc. dated 2 August 1984
L-1 Articles of Incorporation of A D
E Food, Inc. dated 13 July 1984
consisting of ten (10) pages
L-1-a Name of accused Estrada with the
corresponding number of subscribed shares four hundred twenty-five (425)
amounting to Forty-two Thousand Five Hundred (P42,500.00) Pesos out of which
Seventeen Thousand (P17,000.00) Pesos was paid-up appearing on page 7 of Exh.
N-1
L-1-b Name of Dra. Luisa P. Ejercito with
the number of subscribed shares four hundred twenty-five (425) amounting to
Forty-two Thousand Five Hundred (P42,500.00) Pesos out of which Seventeen
Thousand (P17,000.00) Pesos was paid-up appearing on page 7 of Exh. N-1
L-1-c Signature of accused Estrada
appearing on page 8 of Exh. N-1
L-1-d Signature of Dra. Luisa P. Ejercito
appearing on page 8 of Exh. N-1
L-2 By-laws of A D E Food, Inc.
dated 13 July 1984 consisting of eight (8) pages
L-2-a Signature of accused Estrada on
page 7 of Exh. N-2
L-2-b Signature of Dra. Luisa P. Ejercito
on page 7 of Exh. N-2
L-3 General Information Sheet of ADE
Food, Inc. as of January 1987 consisting of two (2) pages
M Certificate of Incorporation
of Electronic Sentry Systems, Inc. dated 28 July 1983
M-1 Articles of Incorporation of
Electronic Sentry Systems, Inc. dated 31 May 1983 consisting of eight (8) pages
M-1-a Name of accused Estrada with the
corresponding number of subscribed shares three hundred (300) amounting to
Thirty Thousand (P30,000.00) Pesos appearing on page 6 of Exh. O-1
M-1-b Name of accused Estrada with the
corresponding paid-up amount of Seven Thousand Five Hundred (P7,500.00) Pesos
appearing on page 7 of Exh. O-1
M-1-c Signature of accused Estrada
appearing on page 7 of Exh. O-1
M-2 By-laws of Electronic Sentry
Systems, Inc. as of 31 May 1983 consisting of eleven (11) pages
M-2-a Signature of accused Estrada
appearing on page 10 of Exh. O-2
N Certificate of Registration
of All Hot Soup, Inc. dated 1 September 1983
N-1 Articles of Incorporation of All
Hot Soup, Inc. dated 24 August 1983 consisting of ten (10) pages
N-1-a Name of accused Estrada with
corresponding number of subscribed shares four hundred (400) amounting to Forty
Thousand (P40,000.00) Pesos out of which Ten Thousand (P10,000.00) Pesos was
paid-up appearing on page 7 of Exh. P-1
N-1-b Name of Dra. Luisa P. Ejercito with
the corresponding number of subscribed shares one hundred fifty (150) amounting
to Fifteen Thousand (P15,000.00) Pesos appearing on page 7 of Exh. P-1
N-1-c Name of Dra. Luisa P. Ejercito with
the corresponding paid-up amount of Three Thousand Seven Hundred Fifty
(P3,750.00) Pesos appearing on page 8 of Exh. P-1
N-1-d Signature of Dra. Luisa P. Ejercito
appearing on page 8 of Exh. P-1
N-2 By-laws of All Hot Soup, Inc.
dated 24 August 1983 consisting of eleven (11) pages
N-2-a Signature of accused Estrada on
page 10 of Exh. P-2
N-2-b Signature of Dra. Luisa P. Ejercito
on page 10 of Exh. P-2
N-3 General Information Sheet of All
Hot Soup, Inc. as of January 1987 consisting of two (2) pages
O Certificate of Registration
of F.E.L.T. Food Services, Inc. dated 12 July 1978
O-1 Articles of Incorporation of
F.E.L.T. Food Services, Inc. dated 5July 1978 consisting of ten (10) pages
O-1-a Name of accused Estrada with the
corresponding number of subscribed shares forty (40) amounting to Four Thousand
(P4,000.00) Pesos appearing on page 7 of Exh. J-1
O-1-b Name of accused Estrada with the
corresponding paid-up amount of one thousand (P1,000.00) Pesos appearing on
page 8 of Exh. J-1
O-1-c Signature of accused Estrada
appearing on page 8 of Exh. J-1
O-2 General Information Sheet of
F.E.L.T. Food Services, Inc. dated 2 October 1978
O-3 Certificate of Filing of By-laws
of F.E.L.T Food Services, Inc. dated 2 October 1978
O-4 By-laws of F.E.L.T. Food Services,
Inc. dated 13 July 1978 consisting of fourteen (14) pages
O-4-a Signature of accused Estrada on page
13 of Exh. J-4
As issues, the prosecution laid down
the following:
1. Whether accused Joseph Ejercito Estrada
has cash on hand and in bank more than P5,035,363.40 as of 31 December 1998;
2. Whether accused Joseph Ejercito Estrada
has business interests or corporate holdings and connections in corporations
aside from JELP Real Estate and Development Corporation, J.E. Incorporated and
Feluisa Development Corporation.[3]
The
pre-trial conference thereafter was declared terminated. Subsequently, the prosecution started the
presentation of its evidence-in-chief.
When it had rested and upon admission of its exhibits, accused former
President Joseph Ejercito Estrada filed his motion for leave to file demurrer
to evidence, which the Court granted in a Joint Resolution promulgated on March
17, 2004.
On March 30, 2004, accused former President
Joseph Ejercito Estrada filed his demurrer to evidence in the instant case but
the same was denied in the Joint Resolution of the Court promulgated on July
12, 2004. In denying accused former
President Joseph Ejercito Estradas demurrer to evidence in the instant case,
the Court held, among other things, that:
The
alleged P50 Million is covered by documents B14-4, D14-12,
C14-6, E14-1, J15 up to R15, B14 up
to B14 to B14-5; C14-24 up to C14-8; C14-9 up to C14-16; C14-17 up to C14-24 up
to C14-28-B which were identified by Atty. William Chua (of Asia United Bank),
Salvador Serrano (of Security Bank) and Renato A. Balatbat (of Keppel
Bank). Movants explanations (or lack
thereof) in his demurrer to evidence seem insufficient to overcome the prima
facie evidence against him for perjury.
It is imperative, therefore, that he presents countervailing
evidence. (emphasis supplied)
xxx xxx xxx
On the other hand, accused-movant
Joseph Ejercito Estradas DEMURRER TO EVIDENCE in Criminal Case No. 26905
(Perjury) dated 30 March 2004 is DENIED for lack of merit. If he so desires, he may present his evidence
at 9:00 oclock in the morning of July 12 and 14, 2004 and every Monday and
Wednesday thereafter at the Sandiganbayan Building, Quezon City.[4]
Accused Joseph Ejercito Estrada eventually moved for reconsideration of the said Joint Reso