Sandigan seeks proof vs Estradas

The Sandiganbayan special division trying the corruption charges against former President Joseph Estrada ordered prosecutors yesterday to submit evidence that Estrada and his co-accused skimmed some P130 million from tobacco excise taxes in 1998.

Special division chairman Associate Justice Minita Chico-Nazario gave government lawyers 10 days to submit the evidence against Estrada, his wife Sen. Luisa Ejercito, their son Jinggoy, businessman Charlie "Atong" Ang, Eleuterio Tan, Alma Alfaro and Delia Rajas.

Nazario said the court needs the evidence to determine whether there is probable cause to prosecute the Estradas and their co-accused and issue an arrest warrant for them.

The court also set for hearing on Feb. 22 Estrada’s urgent appeal to be allowed to undergo total knee replacement surgery in the United States after defense lawyer Cleofe Verzola reiterated Estrada’s appeal.

But government lawyers questioned the need for Estrada to undergo surgery in the US when there are skilled orthopedic surgeons in the country who can also perform total knee replacement.

"We don’t object to the motion for the former president to undergo knee operation. (But) his doctor should also be presented in court to testify about the real knee condition of the former president," said Ombudsman Aniano Desierto.

Verzola replied that Estrada’s orthopedic surgeon, Christopher Mow, based in Palo Alto, California, is afraid to testify because of the security situation in the country. Verzola, however, pledged to find another doctor to certify Estrada’s gout condition.

At the same time, Nazario ordered the two physicians of Estrada’s son Jinggoy to appear in court tomorrow to explain why they disobeyed the court’s summons to submit a report on Jinggoy’s supposed heart condition.

Nazario issued subpoenas on physicians Lorenzo Hocson and Roberto Anastacio who had earlier claimed that Jinggoy has a heart condition that does not allow him to attend his own criminal trial.

But Nazario, along with division members Justice Edilberto Sandoval and Teresita Leonardo-de Castro expressed doubt on Jinggoy’s supposedly frail health.

Jinggoy is detained under tight security with the former president at the Veterans Memorial Medical Center (VMMC) in Quezon City but was allowed four times to skip trial because of his supposed heart ailment.

Aside from the graft charges, Jinggoy is also charged with receiving P10 million from the P130 million the former president allegedly skimmed off tobacco excise taxes for Ilocos Sur.

The charge stemmed from the allegation of former Ilocos Sur Gov. Luis Singson that Estrada took from him P130 million as a kickback for the release in July 1998 of the share of Ilocos Sur in tobacco excise taxes.

Singson, who used to be among Estrada’s closest allies, revealed in October 2000 that Estrada collected the alleged kickback after the national government released the funds to the provincial government.

But, he said, the national government later charged him with graft because of his refusal to allow the operation of the so-called "Bingo 2-Ball" which was then being operated by Ang.

Singson also claimed he was forced to make the exposé after Ang supposedly tried to have him killed in order to control illegal gambling in the Ilocos Region.

Days later, the Senate commenced a special investigation into Singson’s allegation while civic groups prepared to file charges against Estrada in the House of Representatives which would eventually lead to his impeachment.

The ruling of the Sandiganbayan’s special division came after the anti-graft court’s first division ruled against a prosecution appeal to allow the consolidation of the case with the plunder charges against the former president.

The first division used to handle the tobacco excise tax case before it was transferred to Nazario’s special division by the Supreme Court.

The high court created the special division after it suspended Sandiganbayan presiding justice Francis Garchitorena, the division’s chairman, for allegedly failing to rule speedily on several cases.

Garchitorena was suspended after a public word war with Justice Anacleto Badoy, chairman of the third division which used to handle the plunder charges, who claimed Garchitorena pressured him into "going easy" on the Estrada cases.