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Prior to the granting of executive clemency, Estrada was sentenced by the Sandiganbayan anti-graft court for plunder. On Sept.12, the court ordered the government to forfeit Estrada's property and money acquired through illegal and corrupt means. That included Pesos 545.29 million (US$12 million) in illegal gambling revenues, Pesos 200 million (US$4.5 million) deposited in the name of Estrada's Erap Muslim Youth Foundation, Pesos 189 million (US$4.3 million) in commissions accrued from the purchase of Belle Corporation shares, and his Boracay Mansion in New Manila, Quezon City.
The No Pardon for Estrada Movement group condemned Arroyo and stressed that the decision of the higher authority would set a bad precedent in the government's obligation to educate the people, on the importance of fighting corruption and the values of good governance.
Former President Fidel Ramos warned Arroyo that her decision to pardon Estrada could lead to her downfall. He said that the the requisites for executive clemency were not met, and that the ousted president had not even admitted his guilt. Ramos, who served as the Philippine president from 1992-1998, said the decision could rally those who commit petty and other lesser crimes to file for presidential pardon.
Even the influential Catholic Bishops Conference of the Philippines condemned the pardon. CBCP President Angel Lagdameo told the media that Estrada's historic pardon and the multitude of sins it covers will now be left to God's divine mercy to resolve.
Echoing the wrath of powerful politicians are Manila-based activist groups led by Plunder Watch, Bagong Alyansang Makabayan, Kilusang Magbubukid ng Pilipinas, and Pamalakaya - the groups had filed the plunder complaint before the Sandiganbayan anti-graft court. Plunder Watch convener Teodoro Casiño said the pardon to Estrada smacks of an opportunist political maneuver rather than a magnanimous act of justice. He said Arroyo, at the very least, should have demanded the admission from Estrada that he was guilty of various crimes against the Filipino people, and insisted that he show remorse and restitution for his actions, before granting executive clemency.
The groups, in separate statements, agreed that the pardon was timed to blunt the negative impact of the damning testimony in the Senate, of businessperson Jose "Joey" de Venecia against the President and her husband Jose Miguel Arroyo in the controversial National Broadband Network project involving China's ZTE Corporation and top officials of the Macapagal-Arroyo administration.
Legal experts across the country said that, aside from "prostituting the Philippine justice system," Arroyo had violated the 1987 Constitution. According to them, government officials, impeached and convicted for crimes like plunder where no bail is offered, are not entitled to presidential pardon or executive clemency. Therefore, Estrada, by constitutional law is not covered for presidential pardon.
Likewise, political experts and analysts insist that the Philippine government should have learned from the experience of South Korea, where two of its presidents - Chun Doo-hwan and Roh Tae-woo were sentenced by Korean courts for crimes related to treason and bribery.
Chun, convicted of masterminding a coup in December 1979 and the brutal crackdown of pro-democracy protests in the early 1980s, acknowledged receiving bribes during his term, and apologized for what he called "shameful deeds," while his successor, Roh admitted to amassing money.
Chun was meted the death sentence, while Roh was sentenced to 22-years behind bars, in 1996. However, after spending nearly two years in prison, they were released, after South Korean President Kim Dae-jung granted them special pardon. The court, however told the convicted ex-presidents to pay hefty fines amounting to US$ 270 million and US$ 350 million respectively.
Political analysts and legal experts agree that the presidential pardon by Arroyo can be challenged in any court, including the Supreme Court. However, it is not clear whether the Filipino people would heed that call to collectively challenge the decree, and thwart Arroyo's plans to mock the justice system.
Meanwhile, the story of the presidential pardon may last for yet another week at the political box-office when the Philippine congress resumes its session next Monday. Congress is expected to confront the yet to be filed impeachment case against Arroyo on charges of first-rate corruption, extra-judicial killings, abuse of authority and gross violation of the 1987 Constitution. This would eventually overshadow the political buzz created by the release of Estrada, last week.
Shortly after the 2010 national elections, Manila-based activist groups like Plunder Watch, Bayan, KMP and Pamalakaya are likely to file charges of plunder and crimes against humanity against Arroyo, her husband, and other close associates in the presidential camp.
The groups have promised not to repeat what Arroyo did to Estrada. Instead, they have pledged to ensure that Arroyo pays for her crimes and stays behind bars. The hope is that the next administration after Arroyo will not play the spoiler role, and would let justice take its normal course of action.
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(Gerry Albert Corpuz is a correspondent of Bulatlat.com, an alternative Philippine online news site. He is also the head of the information department of Pamalakaya, a national federation of small fisherfolk organizations in the Philippines. His website is www.gerryalbertcorpuz.motime.com, and he can be contacted at themanager98@yahoo.com. ©Copyright Gerry Albert Corpuz.)
