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Angry Erap vows to fight forfeiture order on properties

- Jose Rodel Clapano -

Ousted President Joseph Estrada vowed yesterday to fight any Sandiganbayan order to seize his legally acquired properties.

Interviewed over radio station dzBB hours before a forfeiture order was served him at his home in Polk Street in Greenhills, San Juan, an angry Estrada said he would stop any attempt to seize the properties he acquired from his earnings as a movie actor and producer.

“Hindi pwede yan... Magkakamatayan tayo dyan (That cannot be. We will fight that to death.),” Estrada fumed in reply to the possible forfeiture of his Polk residence and his Tanay resthouse in Rizal province, where he was detained for the past two years.

“I bought a lot of these properties while I was not even in government yet. I made good investments, is that a crime? These properties are mine.

“What is rightfully mine you will never be able to get. I acquired these way, way back even before I became President. I did not steal them.”

After signing the documents presented to him yesterday, Estrada shook hands with Sandiganbayan Sheriff Ed Urietta, who left  without bringing anything.

Estrada said he would not contest the writ of execution against the following assets because they do not belong to him:

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

• The amount of P189,700,000 inclusive of interest and income earned deposited in the Jose Velarde account; and

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

“If they want it, they can have it,” he said. “Media insist that the Boracay mansion is mine, but I just borrowed it from (Jaime) Dichaves.”

Estrada said the Sandiganbayan’s own records showed that the Boracay mansion is owned by St. Peter’s Holdings.

“If it’s not mine, why would I insist otherwise?” he said in Filipino.

Estrada said the Tanay estate, where he was detained for more than  two years, is one of the properties he bought when he was still a much in-demand movie actor.

“They will see in the land title that that was mine even before I became President, so they can’t have it,” he said.

Estrada said the Sandiganbayan should run after former Ilocos Sur governor Luis Singson if they want to recover ill-gotten wealth.

“The reported P130-million tobacco excise tax, he (Singson) admitted it and also falsified the documents,” he said.

Estrada said the impossibility of Singson’s tale of delivering P130 million to his Polk Street home was proven in court.

“Why hasn’t the court acted on it?” he asked.

Estrada said he did not own the Jose Velarde account.

“The Jose Velarde account is owned by Jaime Dichaves,” he said over radio station dzBB.

“The vice president of the accounting department of the PCI Equitable bank even testified before the Sandiganbayan that he was the one who opened the account on behalf of Jaime Dichaves in the name of Jose Velarde. They can take them all.” Estrada said he would not oppose the government’s confiscation of the P200 million deposited in the account of the Erap Muslim Youth Foundation.

“I did not pocket the P200 million jueteng money, which Singson deposited in the Erap Muslim Youth foundation,” he said.

“I am not even a signatory to the checks of the Erap Muslim Youth Foundation. I am just the chairman emeritus.”

“It is really legitimately for our Muslim brothers. They can take it anytime they want. It is our brother Muslims, who are recipients of the Erap Muslim Youth Foundation, who will be affected by it.”

Forfeiture order not appealable

The writ of execution for the forfeiture of Estrada’s supposed properties cannot be appealed, the Sandiganbayan said yesterday.

However, lawyer Renato Bocar, Sandiganbayan spokesman, said  lawyers of Estrada could file a petition before the Supreme Court to stop the Sandiganbayan from executing the forfeiture order.

“There has been no abuse nor any coercion made by the court (in the implementation of the writ of execution),” he said.

“There is no reason why the Supreme Court would grant their (defense) petition (for an injunction).”

 Bocar said the implementation of the anti-graft court’s forfeiture order has to be completed within five years.

Under the rules of court, the full amount should have been recovered in favor of the government within the five-year lifespan of the writ of execution, he added.

Bocar said the sheriff has to report to the Sandiganbayan every 30 days on the implementation of the writ of execution.

Estrada can pay either in cash or in check and he can also pay on a staggered basis, he added.

Bocar said if Estrada defaults on a scheduled payment, the remaining whole amount would immediately be “due on demand.”

If Estrada fails to pay the amount fixed by the Sandiganbayan, the sheriff can seize his personal properties, he added.

Bocar said it is the right of Estrada to file whatever action before the Supreme Court.

However, it is the obligation of the Sandiganbayan when its decision is final and executory to implement its judgment.

It is the ministerial duty of the court to issue a writ of execution to implement its judgment.

Bocar said the Supreme Court may issue a temporary restraining order if Estrada files a petition or it may just dismiss it for lack of merit.

Without any order from the SC, the Sandiganbayan sheriff will implement the court’s order of forfeiture, he added.

Chavit, a jueteng  lord—Erap

Former Ilocos Sur governor Chavit Singson is a jueteng lord, Estrada said yesterday.

Speaking over radio station dzBB, Estrada said Singson was the one who collected the P200 million in jueteng money, which he deposited in the bank account of the  Erap Muslim Youth Foundation.

“I am not claiming ownership of that money,” he said.

“That money really came from jueteng, which Singson gave. Singson said it is P545 million. The P200 million was deposited to the Erap Muslim Youth Foundation and the balance was taken by Singson. Singson is the jueteng lord, he is the jueteng collector and he admitted that in court.”

Estrada said the P200 million deposited in the account of the Erap Muslim Youth Foundation was part of the P545 million that Singson claimed he had given to him.

“He (Singson) admitted that even during the Blue Ribbon committee hearing,” he said. “He admitted that he was the one collecting jueteng money. He is the jueteng lord.”

Estrada said the so-called civil society groups and the Catholic Church conspired with then Vice President Gloria Macapagal-Arroyo to remove him from office.

“They conspired to remove me unconstitutionally,” he said.

“If the Lord gave his blessings to those who stole the presidency, we would have been very progressive at this point in time,” he said.

Meanwhile, Estrada denied rumors that he is not on good terms with Susan Roces, the widow of Fernando Poe Jr.

“How would you see us together in public when I was still jailed and it is only now that I was released?” he said.

“I don’t even see my sisters. I will meet her, of course. We were not able to see each other in the cemetery because she went early.”   – With Sandy Araneta

ERAP MUSLIM YOUTH FOUNDATION

ESTRADA

SANDIGANBAYAN

SINGSON

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