March 22, 2006 · Posted in: Governance, In the News
The Estrada trial: no longer black and white
THE testimony today of President Joseph Estrada, who is facing a plunder charge before the Sandiganbayan or anti-graft court, took place in a climate of moral ambiguity, with critics accusing the government that is prosecuting him of having lost the moral high ground from which to pursue its predecessor.
Five years after Estrada fell from office and was hauled off to jail, the Arroyo government does not seem anywhere near convicting the ousted president for allegedly amassing P4 billion in cuts from illegal gambling, bribes from businessmen, kickbacks from public works projects and commissions from the sale of stock by government pension funds.
The issues have to do not so much with the endless problems of the Philippine justice system as with the crisis of credibility of the Arroyo government, which is embroiled in an election fraud scandal. The president is also still reeling from accusations that members of the First Family, like the Estradas, have received money from jueteng (an illegal numbers game) operators.
In this climate of moral ambiguity, the charges against Estrada seem to have lost their zing, with the public made weary, rather than angry, by the accusations and the realization that the more things change, the more they remain the same. (For more on the alleged jueteng links of Estrada and Arroyo, click here for the PCIJ’s story, “The Presidents and the Jueteng Lords.”)
Certainly the government’s blow-hot, blow-cold attitude to prosecuting ‘Erap’ has not helped. Even as state prosecutors were trying the Estrada cases, other government emissaries, including presidential chief of staff Michael Defensor, have admitted to negotiating with the former president for his release or transfer to house arrest. The negotiations were apparently to appease Estrada and discourage him from further contributing to the government’s instability.
Earlier on, compromises had already been made, with the government granting broad immunity to Estrada’s associates, including the head of the two government pension funds, even though they had not offered damning testimonies. The compromises, reported by the PCIJ in 2002, were negotiated soon after Mrs. Arroyo assumed power.
Then Justice Secretary Hernando Perez gave Social Security System president Carlos Arellano and Government Service Insurance System chief Federico Pascual immunity from criminal action even though they had not provided sufficient evidence to nail their former boss.
Moreover, in the first few months of the trial, the squabbling among the state prosecutors and the bickering among the justices of the anti-graft court made it difficult for the public to take seriously the trial of the first former head of state in Southeast Asia to be charged with corruption and detained.
It also doesn’t help that the jueteng whistleblower of 2001 and now staunch Arroyo ally, Ilocos Sur Gov. Luis ‘Chavit’ Singson, remains shrouded in controversy, being linked to both illegal gambling and earlier this week, the alleged assassination of a business associate.
Unsurprisingly Estrada is now getting sympathy from the same people who took part in the moves to oust him in 2001. A statement released before his testimony today targets precisely this audience: “Our country is suffering from the sins of its current leaders. When lying, cheating and stealing become part and parcel of (mis)governance, there will be no end in sight to the impoverished future our countrymen face, nor to the polarization which holds sway in our society.”
By painting his successor to be worse than (or at least as bad as) he is, Estrada is also resurrecting the questions of Mrs. Arroyo’s legitimacy and the constitutionality of the way she assumed power through a popular uprising in 2001.
In this climate, nothing seems black and white anymore. Everyone seems tainted, tarred with the same brush of venality.
“The government has no moral high ground to prosecute Estrada,” says Carol Pagaduan-Araullo, an activist who heads PlunderWatch, a coalition of groups monitoring the former president’s trial. Araullo, along with other militant groups, were among those who took part in the uprising that ousted Estrada in 2001. Today, like many of Arroyo’s former allies from across the political spectrum, they are at the forefront of anti-government protests, more interested it now seems in getting rid of this president than in bringing the previous one to the bar of justice.
For more on the rise and fall of Joseph Estrada, read “The Unmaking of a President,” the introductory essay of Edsa 2: A Nation in Revolt, released by Anvil Publishing in 2001.
24 Responses to The Estrada trial: no longer black and white
Rizalist
March 22nd, 2006 at 8:59 pm
I think PCIJ should re-examine it’s own understanding of what happened in 2001. You still ascribe the asssumption to power of Mrs. Arroyo to a “popular uprising.” That is SO wrong, in my opinion. Without Reyes’ Mutiny and Davide’s Coup D’etat the “popular uprising” would’ve petered out, the Impeachment Trial would’ve resumed, Erap would’ve been acquitted and GMA could’ve had her full term to 2010 without cheating. Davide still has the “middle forces” fooled! It is the Left that has a lot invested in the Myth of the Popular Uprising as the reason Erap was overthrown. Because that is their idea of how this country will be righted and reformed. I beg to disagree. GMA came to power as the result of Military Mutiny and Judicial Putsch. The Vast Leftist-Rightist-Civil Society uprising was just background props.
Rizalist
March 22nd, 2006 at 9:15 pm
I don’t think any one should be surprised that the Supreme Court screwed up in 2001 almost as badly as it did in 1973 to 1986. But I find it persuasive that Hilario Davide agreed to swear in GMA as a means of restoring a personal Zion — that which he so grievously lost when the Greatest Trial of Philippine judicial history got away from him: the impeachment trial of Erap. Ironically, even his nemesis, Alan Paguia once said that there had been no more adroit handling of a major trial in Philippine history as Davide’s handling of the impeachment trial up until the Christmas Break.
What many fail to grasp is that Erap’s being a plunderer and a blunderer did not preclude Davide acting in a vainglorious manner that completely ignored the explicit requirements of the Constitution in regards to Presidential succession and condemned us all to present hell as a result of his direct action not only as a partial judge but also as an active partisan putschist President-maker.
If you admire Hilario Davide, you may as well go work for the Palace. He does!
Barako Café » Blog Archive » The ties that bind Erap & GMA
March 22nd, 2006 at 9:34 pm
[…] Sheila Coronel on the Erap trial makes an interesting remark: In this climate of moral ambiguity, the charges against Estrada seem to have lost their zing, with the public made weary, rather than angry, by the accusations and the realization that the more things change, the more they remain the same. (For more on the alleged jueteng links of Estrada and Arroyo, click here for the PCIJ’s story, “The Presidents and the Jueteng Lords.”) […]
eriko
March 22nd, 2006 at 10:56 pm
the Philippines prohibits street protests and public assembly. why not bring street protests on cyberspace.
join us, exercise freedom of speech on CYBERSPACE!
go here:
http://www.geocities.com/justiceleagueoftheinternet
johnmarzan
March 22nd, 2006 at 11:44 pm
Erap had good poll numbers back in 2000. Majority of filipinos were actually against his resignation. poll after poll showed that. pero natanggal pa rin siya ano?
OTOH, most recent surveys show people want Arroyo to resign or be removed from office and have given her low approval ratings, but she’s the one who was able to cling to her position by brute force and intimidation.
go figure.
Moral of the story: don’t trust surveys. 😉 :p
Moral of the story 2: as long as you have the military’s support, you can do “people power”, kahit na minority lang ang gustong magpabagsak sa isang presidente na katulad ni erap.
naykika
March 23rd, 2006 at 12:17 am
Erap was thrown out by the greatest conspiracy between the neglected military (in a sense not enough share of pie) and a smart you know “who”. There was no doubts Pres. Estrada administration was reeked with corruptions, but just like the pros and cons would say, we do have a “due process” of removing a president. It was justice delayed, and in our world this man should go free, but at least he will have his day in court. I can only trust that he will be judged by the evidence presented in his trial without prejudice and favour to anyone and will bring closure to another chapter while we open another one.
Simon
March 23rd, 2006 at 3:31 am
Gloria apologized for talking to Garci and cheating her way to the presidency!
Gloria regretted after conspiring with the Left to oust Estrada (and succeeding in the power grab)!
Ibang klase itong si Gloria! An evil woman incarnate! Could be worse thaN Marcos! And on schedule to surpass Marcos in conscienceless greed and notoriety (sans Marcos visible infrastucture projects-his consolation to the Filipinos) . She deserves Jose Pidal. Without doubt, they deserve each other.
Why is our country damned and condemned to corrupt and morally bankrupt leaders? I know, we don’t deserve them! But corrupt leaders appear to grow geometrically in numbers like the gremlins! Everyone Gloria touches, she indiscriminately corrupts. Generals who used to be honorable cadets forget their HONOR and idealist activists of old like Defensor, Magno, Tiglao, etc. no longer see the STAR pointing to the TRUE North.
Simon
March 23rd, 2006 at 3:46 am
Did Gloria say God placed her on top for a reason (or to that effect)?
In the line of the Devil and Judas perhaps whom God allowed also to exist!
As a precursor to the coming and rise of the TRUE redeemer in our midst who, by heart, genuinely loves this country and its suffering people.
ruby_i
March 23rd, 2006 at 4:51 am
It is interesting to observe the dynamics of the two devils. One who can still command sinister forces to destabilize the government and the other one, desperate to do anything hang on to power like wooing the other devil. I wonder who wins in the end? One thing Im certain is, it is our country who will ultimately lose out in this deadly dance that they are playing.
eriko
March 23rd, 2006 at 11:25 am
UPDATE FROM TODAYS (23MARCH) HACKING OF .GOV.PH WEBSITES!
cyberprotest against PNP rampant human rights violations ongoing:
REPORT!
stolen info from a website:
US hackers solidarity for the Filipinos and victims of human rights violation.
read:
ELECTRONIC SIT IN MIRROR SITES:
http://www.agapehost.com/freesagada11/
http://www.angelfire.com/crazy/freesagada11/
http://www.1stwebs.us/wd2005/classpages/augusto/
the sit in scripts are also available to download:
http://www.agapehost.com/freesagada11/sitin-march22.zip
The main web developer of the official PNP.GOV.PH website is a man named Augusto Marquez. He is listed on the PNP website as the CSEE Chief
P/Supt Augusto M Marquez Jr CSEE Chief, Regl Opns & Plans Division
Phone: +63 (32) 254-3187
http://www.pro7.pnp.gov.ph/directory.htm
http://www.1stwebs.us/webdev/profile.php?mode=viewprofile&u=4
We have also retrieved this information about him:
Name: Augusto Marquez, Jr.
Address: 1179 PC Hills, Apas, Cebu, 6000, Philippines
Phone: +63 920 910 5647
Email: jun_marquez84@yahoo.com
Kind of Web Site to Create: One for Police Regional Office 7
He has been taking web development classes at http://www.1stwebs.us/wd2005/
But he will be surprised to find that we have taken over his class pages!
http://www.1stwebs.us/wd2005/classpages/augusto/index.html
Take a look at the ‘Report a Crime’ feature from the PNP.GOV.PH website at http://www.pro7.pnp.gov.ph/reportcrime.htm
We have hijacked the form – now instead of reporting a crime, it will send people to the ELECTRONIC SIT IN to FREE THE SAGADA 11!
We have discovered that the form will send an email to the PNP’s ‘secret’ email at peemayer84@yahoo.com
Why don’t people send an email to that address telling them what you think about torturing and sending 11 innocent punk rock kids to jail!
eriko
March 23rd, 2006 at 11:29 am
REPORT OF TODAYS (23MARCH) HACKING .GOV.PH WEBSITES!
target PNP: rampant human rights violator
please read the details here:
http://manila.indymedia.org/index.php?action=newswire&parentview=7274#7294
schumey
March 23rd, 2006 at 1:42 pm
The BSP has reported that its impossible for Chavit to have carried the P130 M to Erap as it would total to more than 110 kilos. Aside from this, the BSP also said that there was no report from any bank with a withdrawal totaling to such amount. Chavit said that he withdrew the P130 M and delivered it to Erap. If BSP had no records of this amount, then who got the P130 M?
Chavit was charged regarding the Tobacco Excise Tax, soon after, the auditor who disclosed this, was ambushed and shot to death. I believe Erap is guilty of “jueteng payola” but with regards to TET, I have my doubts.
Also Nick Joaquin’s interview with Mike Arroyo which appeared in the March 5, 2001 issue of the Phil. Graphic would somehow support Erap’s claim of conspiracy.
I hope PCIJ could post in its entireity this specific interview.
I guess the reason why we don’t see too many people joining the street protests is because of the advances in the information technology. Like the “sit-in” and text protests just to name a few.
ka lando
March 23rd, 2006 at 2:35 pm
TO PCIJ,
The article “Estrada denies…” contains unclosed html comment tags in the first paragraph. This may be the reason why the rest of the page would not show in some browsers..
penpenpen88
March 23rd, 2006 at 2:56 pm
Also Nick Joaquin’s interview with Mike Arroyo which appeared in the March 5, 2001 issue of the Phil. Graphic would somehow support Erap’s claim of conspiracy.
I hope PCIJ could post in its entireity this specific interview.
— i agree PCIJ should also investigte what happened to all those witnesses who testified against estrada..according to the video being shown by the estrada camp lahat sila nakinabang sa pagiging witnesses nila.. we want to know in what way… hope me magpapaliwanag thnks..
— as to chavit.. akin lang kung si erap eh guilty si chavit dapat bitayin na.. e hamak naman mas masama yang taong yan kesa ke erap e by long shot pa kamo… jueteng lord, warlord, mamamatay tao.. and wht have you.. yet gloria still keeps his company.. says alot bout what kinda president we have now right?
Alecks Pabico
March 23rd, 2006 at 3:05 pm
Already fixed the erroneous tag. Thanks for pointing it out, ka lando.
rego
March 23rd, 2006 at 9:53 pm
Like it or not. Erap is gone. Is history. So better leave everything to the court. I dont think he still matter to the many lives of the Filipinos. Even if he is acquitted or convicted. would it matter? What Erap has got to do with the poverty , economic, population, and the rest of the countrys problem. The Filipino should the decide to move on…..
LCsiao
March 24th, 2006 at 1:33 am
Really?
Perhaps it would be wise for you sing that hosanna of yours to the illegal Malacanang occupant in order to regulate her paranoia.
Thing is, the petticoat dictator isn’t taking any chances when it comes to Erap — hardly the kind of response toward someone who your ilk would love to believe is history.
Finally, it must be stressed that despite his incarceration, Erap still commands a hefty 48% trust lodged onto him by the Filipino people. Compare that to the dismal trust given to your miniscule patron, one shouldn’t be hard pressed to guess who among them is really history.
Chihiro
March 24th, 2006 at 1:42 am
Bottomline is EDSA II was DEAD WRONG.
Kaya tayo nagka-leche-leche ngayon dahil sa lintek na EDSA II na yan. Akala ng mga pumunta sa EDSA II e they were protecting democracy and the Constitution. Now they realize the big mistake they made. EDSA II was nothing but a blatant disregard for the law and the processes enshrined in the Constitution.
If we want to get back on track, we must rectify the mistakes of EDSA II. Otherwise, we will never have closure and that Erap “magic” that EDSA II so detests will haunt us forever.
rego
March 24th, 2006 at 2:22 am
And how would you do that? He was n’t even of the hook with his plunder case. Let him have a day in court and let see….
aus_phil
March 24th, 2006 at 11:06 am
Let us not confused about the so called moral dilemma that the current government is equally guilty of high crime or credibility problem of some sort. Let’s deal the legal challenge one at a time. Estrada was charged with plunder, period. This is not a creation of the current government but a crime against the people of the Philippines. It has to be dealt with by the former president, answer and refute all the allegations.
Now, if the current government of Pres. Arroyo would have created similar crime of plunder, then the people of the Philippines must produce convincing evidence that a crime was really perpetuated. People could argue that there seems to be some suppression of the truth. You know, if there are solid evidence, no matter how the antics of hiding high crime would still be exposed, in the proper time, as evidences are gathered and exposed. What we are seeing now are mere hearsays, inuendos and politicking.
At the moment, there appears to be some convincing evidence that Mr. Estrada could have committed plunder, but of course this is now the subject of the last phase of his trial.
If the Filipinos do not have faith with the Ombudsman, the Sandiganbayan and the Supreme Court, which agency of government would they believe and adjudicate such a big crime as plunder? Whatever the other camps said such as political persecussion or not, that the current government lost its moral ascendary, etc. etc., the point still remains the same that Mr. Estrada must defend himself and the charge must come to a conclusion and whatever the judgment be, the Filipino people must respect that decision.
We could of course wish that Mr. Estrada is exonerated if he is not guilty of the crime but if he was, then we could just pray for him to accept the verdict and appropriate sanction be carried out!
Popularity may help a man but the truth and justice will always be the cornerstone of an ever evolving democracy!
penpenpen88
March 24th, 2006 at 2:29 pm
and what if erap was acquited? what then? do we jail gloria and her cohorts because they commited a coup??
Timtim2
March 24th, 2006 at 4:03 pm
ang naririnig ko ngayon sa balita ay may mga rebelasyon si Lacson tungkol sa “involvement” ni erap sa jueteng. hindi ko alam kung naging close din sila tulad nina chavit at erap noon. pero, kinukunsinti nga daw ni erap ang jueteng at may natatanggap na pera mula dito. at katunayan nga daw ang paglilipat ng kita nito sa Muslim Youth Foundation. naging close man sila hindi, kung paninindigan nila ang kanya kanya nilang statement ukol sa partikular na isyu, ikasisira/ikababagsak nila pareho.
kaya naman nakasuhan ng plunder tong si erap, may mga direktang witness na nagtuturo sa kanya. tulad nina clarissa ocampo at chavit singson na kanang-kamay nya noon. ang mahalaga ay patuloy pa rin ang paglilitis sa kanyang kaso. tulad ng normal na trial, nabibigyan sya ng pagkakataon magsalita. isang patunay na buhay pa rin ang demokrasya at malayang pamamahayag sa bansa.
LCsiao
March 24th, 2006 at 7:42 pm
Yun nga lang, tignan mo naman kung sino ang direktang nagturo sa kanya–ang isang kagaya ni Chavit.
Oh, and for the record, walang kinalaman ang testimonya ni Clarissa Ocampo sa kasong jueteng laban kay Erap.
At tungkol naman doon sa mga haka-haka ng tatlong panig ukol sa Erap Muslim Youth Foundation, ang mahalagang tanong diyan ay: sino ba ang mas may kredibilidad? Isa pa, may naipuslit bang kahit na isang kusing mula sa donasyon na naka-deposito sa foundation na yun?
penpenpen88
March 27th, 2006 at 6:34 pm
timtim2
ang naririnig ko ngayon sa balita ay may mga rebelasyon si Lacson tungkol sa “involvement” ni erap sa jueteng. hindi ko alam kung naging close din sila tulad nina chavit at erap noon. pero, kinukunsinti nga daw ni erap ang jueteng at may natatanggap na pera mula dito.
— dont look now.. but si ate glue is following in eraps footsteps din naman di b? STL (pinabangong jueteng) is set to operate.. yung PCSO is under her na.. this makes her a jueteng lord doesnt it?