
Originally Posted by
pandisal
Okey Marcelo... aka S.N.M.P., if you say that erap is not guilty of any charages... please provide your proof that his not guilty of all the charges:
(oh yah, palihug ayaw'g baliha nga kami imo patubagon.... kay naa na sa korte)...
Case Number:Â* 26558
Charged: Plunder (Republic Act No. 7080, as amended); for taking undue advantage of his official position, authority, relationship, connection or influence to willfully, unlawfully and critically amass ill-gotten wealth amounting to four billion ninety seven million eight hundred seventy-three pesos and seventeen centavos (P4,097,804,173.17).
Case Number:Â* 26559
Charged: Violation of Sec. 3 (a) of Republic Act No. 3019 otherwise known as the Anti-Graft and Corrupt Practices Act; for willfully, unlawfully and criminally persuading Gov. Luis Singson to divert and misuse P130-million from tobacco excise taxes
Case Number:Â* 26560
Charged: Violation of Sec. 3 (a) of Republic Act No. 3019 otherwise known as the Anti-Graft and Corrupt Practices Act as amended; for willfully, unlawfully and criminally persuading, inducing or influencing then Chairman Perfecto Yasay, Jr. of the Securities and Exchange Commission to exonerate and clear the accused's close associate and long-time friend Dante Tan from stock manipulation of BW shares.
Case Number: 26561
Charged: Violation of Sec. 3 (e) of Republic Act No. 3019 otherwise known as the Anti-Graft and Corrupt Practices Act; for willfully, unlawfully and criminally cause undue injury to the government, by demanding and receiving from Gov. Luis Singson P130-million taken from tobacco excise taxes released under Republic Act No. 7171
Case Number: 26562
Charged: Violation of Sec. 3 (e) of Republic Act No. 3019 otherwise known as the Anti-Graft and Corrupt Practices Act as amended; for willfully, unlawfully and criminally giving unwarranted benefit to Belle Corp. by manipulating, pressuring and compelling the Government Service Insurance System and the Social Security System to buy a total of 681,733,000 shares of Belle Corp. stocks for P1,847,578,057.50 for him to get a profit commission of P189 million
Case Number:Â* 26563
Charged: Violation of Sec. 3 (d) of Republic Act No. 3019 otherwise known as the Anti-Graft and Corrupt Practices Act as amended; for using the power of the presidency, conspiring with co-accused in willfully, unlawfully and criminally soliciting and receiving from Gov. Luis Singson P545 million from proceeds of illegal jueteng operations.
Case Number:Â* 26564
Charged: Perjury (Art. 183, Revised Penal Code); for feloniously stating his net worth and businesses in his filed Statement of Assets and Liabilities
Case Number:Â* 26565
Charged: Illegal use of an alias (CA 142, as amended by RA 6085); for using the alias "Jose Velarde" in signing documents with Equitable PCI Bank
All of the above cases filed before the Sandiganbayan...
Pandisal, I really appreciate your effort in enumerating the cases filed against Erap. But I will disagree with your statement that Erap will provide proof.
You see in our judicial system which is by the way patterned after the US, the burden of prooof lies on the prosecution not on the defense. Since the government is accusing Erap it should be the one to prove the case, not the other way round.
Let us cite an example:
The detained leader is definitely not Jose Velarde, and concrete proof of this was presented yesterday by a defense witness, Equitable PCI bank vice president Romualdo Dy Tang.
Dy Tang also testified that during the impeachment trial of Estrada, House prosecutors interviewing him in preparing him as a witness, wanted him to testify that Estrada was Jose Velarde, even as he already informed the prosecutors that he had documentary evidence to prove that businessman Jaime Dichaves was Jose Velarde, stressing that many withdrawal and deposit slips for the Velarde account were signed by Dichaves in Dy Tang's presence.
The bank's vice president also stated under oath that the prosecutors, led by then Rep. Joker Arroyo and Rep. Moreno — despite their having been informed that Estrada was not Velarde — wanted Dy Tang to state it was Estrada who was Velarde before the impeachment court.
As he could not do so, Dy Tang was dispensed with as a prosecution witness and was never called to the stand by the impeachment prosecution team.
That the testimony of Dy Tang and the bank withdrawal slips by Dichaves presented by the defense were highly damaging to the government's case was evident, as chief Special Prosecutor Dennis Villa-Ignacio vehemently objected to the admission as evidence of the
withdrawal slips, an objection which the justices of the Sandiganbayan sustained.
A motion for reconsideration has been filed by the defense as the Estrada lawyers, a source said, found it strange for a court not to enter these bank withdrawal slips into the records.
It was, however, established by the defense that businessman Dichaves is the real owner of the controversial Jose Velarde account with the EPCIB, as testified to by Dy Tang who was recalled to the witness stand.
Tang was presented by the defense lawyers for the second time to the consternation of the Ombudsman prosecutors.
Defense lawyer, former Manila City Fiscal Jose Flaminiano recalled Dy Tang to the witness
As of now, the government has not proven any of this accusations. Erap should have been granted bail because of the weak evidence presented by the prosecution. Even Miriam Santiago is in favor of granting bail to Erap. Read:
The granting by the Sandiganbayan of bail to former President Joseph Estrada, who is detained at his Tanay, Rizal resthouse, will represent a "substantial contribution to the political stability in our country," administration Sen. Miriam Defensor Santiago said yesterday.
Santiago issued the statement after Manila Mayor Lito Atienza appealed over the weekend for the government to consider Estrada’s plea for bail "as the first step to open the doors to national reconciliation." Atienza’s appeal followed the call made by Iglesia ni Cristo (INC) leader Eraño G. Manalo and El Shaddai founder Bro. Mike Velarde for both the Arroyo administration and the opposition "to end all political bickering for the sake of national interest."
Asked to comment on Atienza’s appeal, Santiago said she supports his position, saying "of course we know the mayor belongs to the executive branch, I belong to the legislative branch.…there is a concept known as the independence of the judiciary."
"Without meaning in any way... to impinge on the judicial independence of the Sandiganbayan ... if the Sandigan would grant the petition for bail or official cognizance by President Estrada… it will be a substantial contribution to political stability in our country," Santiago said.