Fallen RP leader faces barrage of graft charges

Fallen RP leader faces barrage of graft charges

MANILA (AFP): Ousted Philippine president Joseph Estrada faces a barrage of corruption charges including an offense punishable by death, but experts say weak courts and legal loopholes might allow him to stay free and even attempt a political comeback.

State prosecutors are now under pressure to file criminal charges against Estrada, who had been impeached by the House of Representatives and was on trial in the Senate when the suppression of vital evidence against him triggered a five-day bloodless uprising.

Aides of newly installed President Gloria Arroyo, the former vice president who took over last Saturday after Estrada's government collapsed, said one of the cases to be pursued against the fallen leader would be "economic plunder."

Under a law that has never been applied, anyone found guilty of embezzling at least 50 million pesos, or about US$1 million, can be sentenced to death.

But hardly anyone in the Philippines -- where compromise and non-violence are held dear by the political elite -- would expect the death penalty to be applied even if the former actor was convicted of massive economic plunder.

Apart from a jail term, a criminal conviction for corruption can also include a permanent ban from holding public office.

Arroyo has rejected outright amnesty for her former boss, saying she would let the law take its course as far as the ex- president and his cronies were concerned. She vowed to name "good people" to the justice department and "let them do their work."

Estrada allegedly amassed more than US$60 million in secret bank accounts from illicit sources, including kickbacks from underworld gambling bosses and diverted public funds.

He was also accused of intervening in official investigations into tax-evasion and share-price manipulation against businessmen friends.

Lawyer Marichu Lambino, who assisted prosecutors at Estrada's senate trial, said public-interest groups would seek the immediate filing of criminal charges against the former president, as well as a foreign travel ban. She conceded that the death penalty would not be the goal.

"Actually, what is more important is forfeiture of all ill- gotten wealth and a jail term," Lambino said. "We're not vindictive about the whole thing. We just want to throw the book at him."

The Philippines' anti-corruption prosecutors and courts have long been criticized for sending only small fry to jail for petty graft, leaving the big fish untouched.

"We just want justice and we don't want the mistakes of the past to be repeated when we overthrew Marcos," Lambino said. "We never really rendered justice to the victims of the Marcos regime and there was no real restitution of the Marcos's hidden wealth."

The manner in which Estrada was ousted has already begun to stir legal debate. Under the constitution, the president can only serve one six-year term and is expressly barred from reelection.

But the fact that Estrada completed less than half of his term and never resigned was seen as a potential loophole that would allow him to run again for high office -- perhaps including the presidency -- unless he was convicted of corruption charges and barred from public office.

"Considering the manner by which Estrada left Malacanang (presidential palace) it is questionable whether this (reelection ban) is applicable," said lawyer and left-wing activist J.V. Bautista.

"That is the reason why it is important for the criminal actions to be taken against him so that the question of disqualification from office may be finally settled," he added.

Estrada, who won the presidency by the biggest landslide in Philippine history and is believed to still command a strong following among the poor people whom he championed in his movie roles, has himself hinted at the possibility of a comeback.

He refused to resign despite the mass defection of the armed forces and most of his cabinet to the opposition, which prompted the Supreme Court to declare the presidency vacant.

"I leave the palace of our people with gratitude for the opportunities given to me for service to our people. I will not shirk from any future challenges that may come ahead in the same service of our country," Estrada said in a farewell statement.