Why was I convicted? - Erap. (and other matters).

see - Personal Website of Chief Justice ARTEMIO V. PANGANIBAN (Ret.) - Columns


ERAP ASKS: WHY WAS I CONVICTED? ...AND OTHER MATTERS.



"X X X.

At his request, we met a few times thereafter. He posited pointed questions from which I got an insight into his mindset and why he exemplifies and speaks for the masa.

One of the most memorable questions he asked was, “Chief Justice, why was I convicted of plunder and sentenced to a life in jail when I was charged merely with receiving (1) the broker’s commissions in the sale of listed shares owned by the Social Security System, and (2) jueteng money? Assuming this is true, how can I be guilty of any crime when I did not steal public funds? Wala po akong ninakaw na pera ng bayan.”

I replied that the 262-page decision of the Sandiganbayan completely answered his question. It eloquently spoke for itself. I could not add or subtract anything more. In any event, if he disagreed with the verdict, he should have appealed to the Supreme Court. By accepting the pardon, he was deemed to have also accepted the judgment and the imposed penalty.

People’s verdict. He explained in his best Tagalog that his trial took more than six years while he was in detention. Had he appealed, he would have had to suffer many more years of detention without any assurance of victory. On the other hand, by accepting the pardon, he became free to seek the people’s verdict by running again for public office. He preferred a direct redemption by the people.

In his populist mind, all government officials are ultimately judged by the people, not by the courts. Once elected to public office, he would have been exonerated by the people, the real sovereigns of our democracy. This explains his eagerness to run for president in 2010 and for mayor in 2013. even if already, the poll victory of his wife Loi and their son Jinggoy as senators, and of JV, his son by Guia Gomez, as congressman and later also as senator, are proofs of his popular vindication.

Be that as it may, I think Estrada cannot completely ignore the judgments of our courts and of history. Had he won the presidency in 2010, the Supreme Court would have decided his disqualification case, instead of dismissing it for having become moot after his defeat. But now, with his victory as mayor, he can no longer avoid the scrutiny of the Supreme Court (see my column last Sunday). Indeed, the rule of law and democracy are intertwined and inseparable.

We discussed many other interesting topics, which provided me a window to see why, despite his ouster from the presidency, his plunder conviction, and his open marital peccadilloes, he continues to be the darling of the masang Pilipino.

I do not necessarily agree with his unorthodox views but I respect his folksy way of articulating them. Freedom is not only for the ideas we adore but also for those we may abhor.

At 76, he thinks his “last hurrah” as Manila mayor will vindicate him in history and will presage his passage from villain to hero in the eyes of both themasa and the intelligencia. This, I will await and see.

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