Sandiganbayan junks Estrada’s petition to reinstate graft charge

The Sandiganbayan junked yesterday a petition by lawyers of jailed former President Joseph Estrada for the reinstatement of a graft charge earlier withdrawn by the Office of the Ombudsman.

In a five-page resolution, the Sandiganbayan’s Fourth Division said the court had already exercised "sound judicial discretion" in approving the withdrawal of charges that Estrada and four other individuals were allegedly involved in skimming off P130 million from Ilocos Sur tobacco excise taxes.

The former leader’s co-respondents in the Criminal Case 26559 are Charlie "Atong" Ang, Eleuterio Tan, Alma Alfaro and Delia Rajas.

Associate Justice Nicodemo Ferrer, who penned the resolution, said neither the Ombudsman nor his deputies committed "grave abuse of prosecutorial discretion when they withdrew the case."

He added that the court was not impressed with the petitioner’s argument that with the withdrawal of the case, "the court allowed itself to emerge lower in the eyes of the public."

He pointed out the accused has not yet been arraigned at that time and that the doctrine of estoppel has no application in criminal cases.

"We find no cogent reason to disturb the order that granted the withdrawal of the said case," Ferrer said.

Meanwhile, the Fourth Division reset for May 29 a hearing on the prosecution panel’s motion for reconsideration concerning the transfer of Estrada’s perjury case to another division.

The court earlier junked a petition by Ombudsman Aniano Desierto, who wanted the case transferred to the Third Division, citing "expediency considerations." The Third Division is headed by Associate Justice Anacleto Badoy, who is handling the separate and more serious charge of plunder, a capital offense.

Associate Justice Rodolfo Palattao, a member of the Fourth Division, said consolidating a lesser charge with a more serious charge may prejudice the accused

"Consolidating a non-bailable charge with a bailable one for practical reasons is not acceptable," he said.

In a related development, state prosecutors said yesterday five out of eight other individuals accused of plunder may qualify to be state witnesses.

Special prosecutor Antonio Manzano said lawyer Edward Serapio, Yolly Ricaforte, Alfaro, Tan, and Rajas could testify in favor of the state because of their "minimal participation in the crime."

"Under the rules of criminal procedures, the least guilty could qualify," Manzano said.

However, Serapio’s lawyer, Sabino Acut, said turning state witness is already an admission of the crime and that the prosecution’s comment was totally uncalled for.

"Attorney Serapio has no plans to turn state witness. The premise of that statement is that the one who wants to apply as one is also guilty," Acut said.