Erap properties, including Boracay Mansion, forfeited to government

Ousted President Joseph Estrada’s properties specified in the decision convicting him of plunder were forfeited yesterday in favor of the government by the Sandiganbayan.

Lawyer Renato Bocar, Executive Clerk of Court IV and Sandiganbayan spokesman, identified the following as forfeited:

• The total amount of P545,291,000.00, with interest and income earned inclusive of the amount of P200,000,000.00 deposited in the name and account of the Erap Muslim Youth Foundation;

• The amount of P189,700,000.00, inclusive of interest and income earned deposited in the Jose Velarde account; and

• The real property consisting of a house and lot dubbed as “Boracay mansion” located at No. 100 11th Street, New Manila, Quezon City.

Estrada said the government can get the Boracay mansion and the P200 million donated to the Muslim Youth Foundation.

However, the anti-graft court cannot seize the properties that he acquired with money he earned as an actor, he added.

Estrada said the Boracay mansion does not belong to him as it is the property of businessman Jaime Dichaves.

“The forfeiture order is very much specific,” he said in a telephone interview.

“They can forfeit the Boracay mansion, which I only borrowed from Jaime Dichaves. Let them fight with the owner of the Boracay mansion.

“They can also take the P200 million jueteng money in the Erap Muslim Youth Foundation, where I am not a beneficiary. Let them take it all. But not the properties that I acquired legitimately when I was still a movie actor.”

On the other hand, Victor Endriga, Quezon City treasurer, told The STAR yesterday the city government is now the absolute owner of the Boracay mansion, which it had seized for failure to pay real property taxes.

“We have the title of the land, and if the former president wants it back then he must go to court,” he said.

The city government has already informed the Sandiganbayan on the status of the property which it is planning to convert into a museum and library, Endriga said.

The Sandiganbayan’s special division ordered Sheriff Edgardo Urieta to cause the forfeiture in favor of the government of the aforementioned money and property enumerated in the dispositive portion of its decision, including payment in full of the lawful fees for the service of the writ of execution.

If Estrada cannot pay the obligation, the sheriff was ordered to levy upon his properties, which may be disposed of for value and not otherwise exempt from execution, giving him the option to immediately choose which property may be levied upon to satisfy the judgment.

If Estrada does not exercise that option, the sheriff was ordered to first levy on his personal properties, and then on real properties, if the personal properties are insufficient to answer the judgment.

The Sheriff was also ordered to sell Estrada’s personal property or real property as is sufficient to satisfy the judgment and lawful fees, and make a report to the Court every 30 days on the proceedings taken until judgment is satisfied in full.

Former senator Rene Saguisag, one of Estrada’s lawyers, said he would meet with the other defense lawyers regarding the forfeiture.

Saguisag said the Sandiganbayan should have first conducted a hearing before issuing the order.

He said that there is no indication that Estrada would abscond or dispose of his properties, and that he would really pay his obligation through a proper proceeding.

“We still have to see it (order),” he said. “This must be a collegial decision (of the  defense).”

Endriga said under the Local Government Code, local governments have absolute control over properties that have been forfeited for failure of owners to pay taxes due to the government.

“Any attempt on the part of the former president to get back the property will be vigorously opposed by the city government and they are willing to face a legal battle up to the Supreme Court to assert its legal right,” he said.

Endriga said the property’s registered owner, St. Peters Holdings did now show up to settle its tax obligations, and that they have given enough time for it to redeem the property after the city government sent several notices to its offices.

It was learned that the office of St. Peter Holdings could no longer be located.

Estrada to avoid NSO, LEDAC meet

Estrada is not keen on attending the National Security Council (NSC) and the Legislative and Executive Department Advisory Council (LEDAC) meeting in Malacañang.

In a telephone interview with The STAR, Estrada said he does not want to be caught again by “spin doctors” who would use his presence at the Palace for their “vested interests.”

“I don’t have plans to attend the NSC meeting even if invited because I think there are many good people attending that meeting already,” he said.

“I also don’t want to be the subject of spins, like during photo options.”

As a tradition, former presidents are allowed to attend the NSC meeting to share whatever suggestions they have for the country’s socio-economic development.

Estrada also denies any deal with Mrs. Arroyo in exchange for the grant of unconditional pardon last Oct. 26, his son, Senate president pro-tempore Jinggoy Estrada said yesterday.

In a privilege speech at the Senate, Sen. Estrada said “no deal or compromises were made with the grant and acceptance of the pardon of President Estrada.” – Sandy Araneta, Jose Rodel Clapano, Perseus Echeminada, Christina Mendez