SANDIGANBAYAN
SPECIAL DIVISION
Criminal Case No. 26558
For: Plunder
PEOPLE
OF THE PHILIPPINES VS. JOSEPH EJERCITO ESTRADA, Former President of the
Republic
of the Philippines, ET AL.
HELD:
WHEREFORE,
in view of all the foregoing, judgment is hereby rendered in Criminal Case
No. 26558 finding the accused, Former President Joseph Ejercito Estrada,
GUILTY beyond reasonable doubt of the crime of PLUNDER defined in and penalized
by Republic Act No. 7080, as amended. On the other hand, for failure
of the prosecution to prove and establish their guilt beyond reasonable
doubt, the Court finds the accused Jose “Jinggoy” Estrada and Atty. Edward
S. Serapio NOT GUILTY of the crime of plunder, and accordingly, the Court
hereby orders their ACQUITTAL.
The
penalty imposable for the crime of plunder under Republic Act No. 7080,
as amended by Republic Act No. 7659, is Reclusion Perpetua to Death.
There being no aggravating or mitigating circumstances, however, the lesser
penalty shall be applied in accordance with Article 63 of the Revised Penal
Code. Accordingly, accused Former President Joseph Ejercito Estrada
is hereby sentenced to suffer the penalty of Reclusion Perpetua and the
accessory penalties of civil interdiction during the period of sentence
and perpetual absolute disqualification.
The
period within which accused Former President Joseph Ejercito Estrada has
been under detention shall be credited to him in full as long as he agrees
voluntarily in writing to abide by the same disciplinary rules imposed
upon convicted prisoners.
Moreover,
in accordance with Section 2 of Republic Act No. 7080, as amended by Republic
Act No. 7659, the Court hereby declares the forfeiture in favor of the
government of the following:
(1)
The total amount of Five Hundred Forty Two Million Seven Hundred Ninety
One Thousand Pesos (P545,291,000.00), with interest and income earned,
inclusive of the amount of Two Hundred Million Pesos (P200,000,000.00),
deposited in the name and account of the Erap Muslim Youth Foundation.
(2)
The amount of One Hundred Eighty Nine Million Pesos (P189,000,000.00),
inclusive of interests and income earned, deposited in the Jose Velarde
account.
(3)
The real property consisting of a house and lot dubbed as “Boracay Mansion”
located at #100 11th Street, New Manila, Quezon City.
The
cash bonds posted by accused Jose “Jinggoy” Estrada and Atty. Edward S.
Serapio are hereby ordered cancelled and released to the said accused or
their duly authorized representatives upon presentation of the original
receipt evidencing payment thereof and subject to the usual accounting
and auditing procedures. Likewise, the hold-departure orders issued against
the said accused are hereby recalled and declared functus oficio.
SO
ORDERED.
Plus:
Case
Corner
