REPUBLIC OF THE PHILIPPINES
SANDIGANBAYAN
Quezon City
SPECIAL DIVISION
PEOPLE
OF THE PHILIPPINES,
Plaintiff,
- versus
-
CRIMINAL CASE NO. 26905
(For Perjury)
JOSEPH
EJERCITO ESTRADA,
Accused.
PRESENT:
DE CASTRO, PJ., Chairperson
VILLARUZ, JR., and
PERALTA, JJ.
PROMULGATED:
September 12, 2007
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D E C I S I O N
The accused, former President
Joseph Ejercito Estrada, is charged with the crime of Perjury defined
in and penalized by Article 183 of the Revised
Penal Code in an Amended Information docketed as Criminal Case No.
26905 which reads as follows:chanrobles virtual law library
“That on or about 29 April 1999, in the City of Manila, Philippines,
and within the jurisdiction of this Honorable Court, the above-named
accused, being then the President of the Republic of the Philippines,
taking advantage of his official position and committing the offense in
relation to office, being then required by law to file a Statement of
Assets, Liabilities and Networth [SALN], did then and there willfully,
unlawfully and feloniously state in his SALN for the year ending 31
December 1998, which he executed under oath before a notary public and
filed as required by R.A. 6713,
that his total assets were P37,385,307.08 including P5,035,363.40 of
“cash in hand and in bank,” and that this business interests were only
in JELP Real Estate and Dev. Corp., J.E. Inc. and Feluisa Dev. Corp.,
which material statements are false and untruthful, as he had by then
much more assets, including P57,106,201.40 cash in three (3) banks
accounts alone, namely: P44,268,442.68 with Keppel Bank; P548,121.84
with ASIA UNITED Bank; and, P12,289,636.88 with Security Bank, as well
as other corporate holdings and connections with the following
corporations, namely, First LPL Land Syndication, Inc.; Asis-Ejercito
Garments, Inc.; 24K International Food, Inc.; Alpha Funds, Inc.; Prime
Entertainment for Television Production, Inc.; ADE Food, Inc.;
Electronic Sentry Systems, Inc.; All Hot Soup, Inc.; F.E.L.T. Food
Services.
“CONTRARY TO LAW.”
Before the Court acquired jurisdiction over the person of accused
former President Joseph Ejercito Estrada, the Supreme Court, in Adm. Matter No.
02-1-07-SC, resolved to create a Special Division in the
Sandiganbayan to hear, try and decide the Plunder case and all related
cases against the said accused pursuant to the recommendation of the
Oversight Committee of the Supreme Court. The Supreme Court resolution
was in response to the request of the Sandiganbayan that promulgated
its Resolution No. 01-2002 on January 8 and 11, 2002 with respect to
the Request for Re-Raffle of the defense counsel and the Opposition to
Request for Re-Raffle of the Special Prosecution Panel.
When the case was set for arraignment, accused former President Joseph
Ejercito Estrada moved to reset the same and simultaneously filed a
Motion to Quash on the following grounds, to wit: “1) the facts charged
in the Information do not charge an offense; 2) the officer who
prematurely filed the Information had no authority to do so; 3) the
Information impermissibly charges more than one offense; and 4) it
arbitrarily splits the complaint because of the persistence of the
prosecution in disrespecting the interdiction that “[n]o person shall
be twice put in jeopardy for the same offense,” while at the same time
pursuing what it calls the “main charge for Plunder,” seeking
disingenuously to deprive accused of the valuable right of invoking
double jeopardy, “res judicata dressed in prison grey.”[1] chan robles virtual law library
On March 6, 2002, the Court resolved to deny accused former President
Joseph Ejercito Estrada’s Motion to Quash. On the points raised
by the accused in his Motion to Quash, the Court ruled[2] as follows:
“The
information is not duplicitous. It charges accused only of one
offense – perjury. This is evident in the title and body of the
information. The fact that the same mentions R.A. 6713
does not make it duplicitous. As the Court sees, R.A. 6713
is mentioned only by way of reference to show compliance that the
fourth element of the crime charged has been alleged in the information.chan robles virtual law library
“xxx
xxx
xxx.
“Section 3
of Rule 117 of the 2000
Rules of Criminal Procedure enumerates the grounds upon which an
information or complaint may be quashed. These grounds are
exclusive and no other ground can be considered except those as
mentioned in the aforecited section. As splitting is not one of
those specified in said section, we cannot consider it.
“xxx
xxx
xxx.
“On the
ground of double jeopardy, the arguments of the accused fail to
convince us of its presence.
“The
requisites that must concur for a legal jeopardy to attach are: (a) a
valid complaint or information; (b) a court of competent jurisdiction;
(c) the accused has pleaded to the charge; and (d) the accused has been
convicted or acquitted or the case dismissed or terminated without the
express consent of the accused (Dela Rose vs. Ca, 253 SCRA 499).
In the instant case, the fourth element is noticeably lacking.
The first jeopardy has not yet attached, as there is no conviction,
acquittal, dismissal or termination of the case without the consent of
the accused to speak of.
“WHEREFORE,
all the foregoing, the instant motion is DENIED for lack of merit.”
Consequently, arraignment
proceeded with accused, assisted by counsel de oficio, refusing to
enter any plea. Hence, in accordance with the Revised
Rules of Criminal Procedure, the Court entered a plea of “Not
Guilty” on his behalf. The case was then set for pre-trial
conference and the prosecution and the accused were directed to file
their corresponding pre-trial briefs on or before the said date.
During the pre-trial conference on April 22, 2002, counsels de oficio
for accused former President Joseph Ejercito Estrada reiterated their
Manifestation filed during the pre-trial in Criminal Case No. 26565
(for Illegal Use of Alias) involving the same accused as follows:chan robles virtuchanrobles virtual law libraryal law library
“A. Facts of the case
“x x x
“They are not in a position to
intelligently enter into any stipulation or admission because the
accused does not want to be represented by any counsel hence, they were
not able to confer with him regarding this case.
“B. Testimonial and Documentary
Evidence
“The undersigned hereby respectfully
manifest that at this time, they cannot make proper listing of
witnesses and documentary exhibits because of non-cooperation of the
accused.
“C. Defense
“Also the undersigned are not in a
position to state the defense because of the non-conference of the
accused.
On the other hand, the prosecution marked the following documentary
exhibits:
EXHIBITS
DESCRIPTION
“A”
Sworn Statement of Assets, Liabilities, and Net Worth of
accused Joseph Ejercito Estrada and Luisa P. Ejercito as of
31 December 1998
“B”
Certified True Copy (CTC) of Keppel Bank Signature Card
of Account No. 6007-005-7-9 of accused Joseph Ejercito Estrada
dated 10 August 1990
“B-1”
Keppel Bank Statement of Account No. 6007-00057-9
“B-2”
Certification of Balance of Account No. 6007-00057-9
as of 31 December 1998
“C”
Security Bank Signature Card of Account
Nos. 0091-203796-550, 0091-203796-554,
and 0091-203796-559 of accused Estrada
“C-1”
CTC of Security bank Passbook No. 544552
“C-2”
CTC of Investment Savings Account (ISA) agreement
of Security bank dated 21 April 1998
“C-3”
CTC of ISA agreement dated 21 May 1998chan robles virtual law library
“C-4”
CTC of ISA agreement dated 22 June 1998
“C-5”
CTC of ISA agreement dated 23 September 1998
“C-6”
CTC of ISA ledger covering the period from 26 October 1998
to 25 November 1998
“C-7”
CTC of ISA ledger covering the period from 28 December 1998
to November 1999
“C-8”
CTC of ISA ledger covering the period from 7 January 2000
to 11 December 2000
“C-9”
CTC of Confirmation of Sale (CS) No. 82384
“C-10”
CTC of CS No. 83099
“C-11”
CTC of CS No. 83952
“C-12”
CTC of CS No. 85007
“C-13”
CTC of Cs No. 85571
“C-14”
CTC of CS No. 85761
“C-15”
CTC of CS No. 86099
“C-16”
CTC of Security Bank confirmation of Sale No. 81046 dated 10 April 1997
“C-17”
CTC of Security Bank Passbook No. 544581
“C-18”
CTC of ISA agreement dated 29 April 1998
“C-19”
CTC of ISA agreement dated 2 October 1998
“C-20”
CTC of ISA ledger as of 3 November 1998
“C-21”
CTC of ISA ledger covering the period from 3 December 1998 to 11
November 1999
“C-22”
CTC of ISA ledger covering the period from 13 December 1999
to 17 November 2000
“C-23”
CTC of ISA ledger covering the period from 19 December 2000
to 18 January 2001
“C-24”
CTC of Transaction History Enquiry of Account No. 0091-203796-554
dated 12 February 2001
“C-25”
CTC of Security Bank Passbook No. 580913chan robles virtual law library
“C-26”
CTC of ISA agreement dated 8 June 1998
“C-27”
CTC of ISA agreement dated 7 October 1998
“C-28”
CTC of ISA ledger as of 6 November 1998
“C-29”
CTC of ISA ledger covering the period from 9 December 1998
to 15 November 1999
“C-30”
CTC of ISA ledger covering the period from 15 December 1999
to 17 November 2000
“C-31”
CTC of ISA ledger covering the period from 19 December 2000
to 18 January 2001
“C-32”
CTC of Transaction History Enquiry of Account No. 0091-203796-59
“C-33”
Affidavit of Eunice Cuyu-Domingo
“C-34”
Photocopy of Security Bank ISA placement
“D”
CTC of Signature Card of Asia United Bank (AUB)
Account No. 001-01-000588-8 of accused Estrada
“D-1”
CTC of Customer Information Sheet of AUB Account No.
001-01-00588-8 dated 3 November 1999
“D-2”
CTC of Statement of Account of AUB Account No. 001-01-000588-8
“D-3”
Certification of Balance of AUB Account No. 001-01-000588-8
as of 31 December 1998
“G”
Certificate of Registration of First LPL Land Syndication, Inc.
dated 21 July 1995
“G-1”
Articles of Incorporation of First LPL Land Syndication, Inc.
dated 14 July 1995 consisting of eleven (11) pages
“G-1-a”
Name of Dra. Luisa Ejercito with the corresponding number of
subscribed shares thirty-five thousand seven hundred fourteen
(35,714) amounting to Three Million Five Hundred Seventy-one
Thousand Four Hundred (P3,571,400) Pesos on page 6 of Exhibit “G-1”
“G-1-b”
Name of Dra. Luisa Ejercito with the corresponding paid-up
amount of One Million (P1,000,000.00) Pesos on page 7 of Exh. “G-1”
“G-1-c”
Signature of Dra. Luisa Ejercito on page 8 of Exh. “G-1”chanrobles virtual law library
“G-2”
By-Laws of First LPL Land Syndication, Inc. dated 14 July 1995
consisting of thirteen (13) pages
“G-2-a”
Signature of Dra. Luisa P. Ejercito on page 13 of Exh. “G-2”
“H”
Certificate of Registration of Asis-Ejercito Garments, Inc.
dated 24 September 1990
“H-1”
Articles of Incorporation of Asis-Ejercito Garments, Inc. dated
10 September 1990 consisting of eleven (11) pages
“H-1-a”
Name of Jacqueline P. Ejercito with the corresponding number
of subscribed shares six hundred ten (610) amounting to
Sixty-one Thousand (P61,000.00) Pesos appearing on page 6 of Exh. “I-1”
“H-1-b”
Name of Luisa P. Ejercito with the corresponding number of
subscribed shares amounting to one thousand (P1,000.00) Pesos
appearing on page 6 of Exh. “I-1”
“H-1-c”
Name of Jacqueline P. Ejercito with the corresponding amount
paid-up of Fifteen Thousand Two Hundred fifty (P15,250.00)
Pesos appearing on page 7 of Exh. “I-1”
“H-1-e”
Signature of Jacqueline P. Ejercito appearing on page 8 of Exh. “I-1”
“H-1-f”
Signature of Luisa P. Ejercito appearing on page 8 of Exh. “I-1”
“H-2”
By-Laws of Asis-Ejercito Garments, Inc. dated 10 September 1990
consisting of thirteen (13) pages
“H-2-a”
Signature of Jacqueline P. Ejercito appearing on page 13 of Exh. “I-2”
“H-2-b”
Signature of Luisa P. Ejercito appearing on page 13 of Exh. “I_2”chan robles virtual law library
“I”
Certificate of Registration of 24 K International Food, Inc. dated 4
May 1988
“I-1”
Articles of Incorporation of 24 K International Food, Inc. dated
22 April 1988 consisting of nine (9) pages
“I-1-a”
Name of Luisa P. Ejercito with the corresponding number
of subscribed shares of one thousand (1,000) amounting to
One Hundred Thousand (P100,000.00) Pesos appearing
on page 5 of Exh. “K-1”
“I-1-b”
Name of Luisa P. Ejercito with the corresponding paid-up
amount of Twenty-five Thousand (P25,000.00) Pesos
appearing on page 6of Exh. “K-1”
“I-1-c”
Signature of Luisa P. Ejercito appearing on page 6 of Exh. “K-1”
“I-2”
By-laws of 24 K International Food, Inc. dated 22 April 1988
consisting of seventeen (17) pages
“I-2-a”
Signature of Dra. Luisa P. Ejercito appearing on page 17 of Exh. “K-2”
“J”
Certificate of Registration of Alpha Funds, Inc. dated 6 October 1987
“J-1”
Articles of Incorporation of Alpha Funds, Inc.
dated 7 September 1987 consisting of eleven (11) pages
“J-1-a”
Name of accused Estrada with the corresponding subscribed amount
of One Million (P1,000,000.00) Pesos out of which
Two Hundred Fifty Thousand (P250,000.00) Pesos was paid-up
appearing on page 7 of Exh. “L-1”
“J-1-b”
Signature of accused Estrada appearing on page 9 of Exh. “L-1”
“J-2”
By-laws of Alpha Funds, Inc. dated 7 September 1987 consisting
of nineteen (19) pages
“J-2-a”
Signature of accused Estrada appearing on page 18 of Exh. “L-2”
“K”
Certificate of Registration of Primetime Entertainment for Television
(Pentel) Productions, Inc. dated 26 September 1986
“K-1”
Articles of Incorporation of Primetime Entertainment for Television
(Pentel) Productions, Inc. dated 8 September 1986 consisting
of seven 97) pages
“K-1-a”
Name of Jinggoy Estrada with the corresponding number
of subscribed shares of five hundred eighty (580) amounting
to Fifty-eight Thousand (P58,000.00) Pesos appearing
on page 4 of Exh. “M-1”
“K-1-b”
Name of Luisa P. Ejercito with the corresponding number of
subscribed shares of twenty (20) amounting to Two Thousand
(P2,000.00) Pesos appearing on page 4 of Exh. “M-1”
“K-1-c”
Name of Jacqueline Ejercito with the corresponding number of
subscribed shares twenty (20) amounting to Two Thousand (P2,000.00)
Pesos appearing on page 4 of Exh. “M-1”
“K-1-d”
Name of Jinggoy Estrada with the corresponding paid-up amount
of Fourteen Thousand five Hundred (P14,500.00) Pesos appearing
on page 4 of Exh. “M-1”
“K-1-e”
Name of Luisa P. Ejercito with the corresponding paid-up amount
of Five Hundred (P500.00) Pesos appearing on page 4 of Exh. “M-1”
“K-1-f”
Name of Jacqueline Ejercito with the corresponding paid-up amount
of Five Hundred (P500.00) Pesos appearing on page 4 of Exh. “M-1”
“K-1-g”
Signature of Jinggoy Estrada appearing on page 5 of Exh. “M-1”
“K-1-h”
Signature of Luisa P. Ejercito appearing on page 5 of Exh. “M-1”
“K-1-i”
Signature of Jacqueline Ejercito appearing on page 5 of Exh. “M-1”
“K-2”
By-laws of Primetime Entertainment for Television (Pentel) Productions,
Inc. dated 8 September 1986 consisting of seven (7) pages
“K-2-a”
Signature of Jinggoy Estrada appearing on page 7 of Exh. “M-2”
“K-2-b”
Signature of Luisa P. Ejercito appearing on page 7 of Exh. “M-2”
“K-2-c”
Signature of Jacqueline Ejercito appearing on page 7 of Exh. “M-2”
“”L”
Certificate of Incorporation of A D E Food, Inc. dated 2 August 1984
“L-1”
Articles of Incorporation of A D E Food, Inc. dated 13 July 1984
consisting of ten (10) pages
“L-1-a”
Name of accused Estrada with the corresponding number of subscribed
shares four hundred twenty-five (425) amounting to Forty-two
Thousand Five Hundred (P42,500.00) Pesos out of which
Seventeen Thousand (P17,000.00) Pesos was paid-up
appearing on page 7 of Exh. “N-1”
“L-1-b”
Name of Dra. Luisa P. Ejercito with the number of subscribed
shares four hundred twenty-five (425) amounting to Forty-two
Thousand Five Hundred (P42,500.00) Pesos out of which Seventeen
Thousand (P17,000.00) Pesos was paid-up appearing on page 7 of Exh.
“N-1”
“L-1-c”
Signature of accused Estrada appearing on page 8 of Exh. “N-1”
“L-1-d”
Signature of Dra. Luisa P. Ejercito appearing on page 8 of Exh. “N-1”
“L-2”
By-laws of A D E Food, Inc. dated 13 July 1984 consisting of eight (8)
pages
“L-2-a”
Signature of accused Estrada on page 7 of Exh. “N-2”
“L-2-b”
Signature of Dra. Luisa P. Ejercito on page 7 of Exh. “N-2”chanrobles virtual law library
“L-3”
General Information Sheet of ADE Food, Inc. as of January 1987
consisting of two (2) pages
“M”
Certificate of Incorporation of Electronic Sentry Systems, Inc.
dated 28 July 1983
“M-1”
Articles of Incorporation of Electronic Sentry Systems, Inc. dated
31 May 1983 consisting of eight (8) pages
“M-1-a”
Name of accused Estrada with the corresponding number
of subscribed shares three hundred (300) amounting
to Thirty Thousand (P30,000.00) Pesos appearing on page 6 of Exh. “O-1”
“M-1-b”
Name of accused Estrada with the corresponding paid-up amount
of Seven Thousand Five Hundred (P7,500.00) Pesos appearing
on page 7 of Exh. “O-1”
“M-1-c”
Signature of accused Estrada appearing on page 7 of Exh. “O-1”
“M-2”
By-laws of Electronic Sentry Systems, Inc. as of 31 May 1983
consisting of eleven (11) pages
“M-2-a”
Signature of accused Estrada appearing on page 10 of Exh. “O-2”
“N”
Certificate of Registration of All Hot Soup, Inc. dated 1 September 1983
“N-1”
Articles of Incorporation of All Hot Soup, Inc. dated
24 August 1983 consisting of ten (10) pages
“N-1-a”
Name of accused Estrada with corresponding number of subscribed
shares four hundred (400) amounting to Forty Thousand (P40,000.00)
Pesos out of which Ten Thousand (P10,000.00) Pesos was paid-up
appearing on page 7 of Exh. “P-1”
“N-1-b”
Name of Dra. Luisa P. Ejercito with the corresponding number of
subscribed shares one hundred fifty (150) amounting to Fifteen
Thousand (P15,000.00) Pesos appearing on page 7 of Exh. “P-1”
“N-1-c”
Name of Dra. Luisa P. Ejercito with the corresponding paid-up
amount of Three Thousand Seven Hundred Fifty (P3,750.00)
Pesos appearing on page 8 of Exh. “P-1”chan robles virtual law library
“N-1-d”
Signature of Dra. Luisa P. Ejercito appearing on page 8 of Exh. “P-1”
“N-2”
By-laws of All Hot Soup, Inc. dated 24 August 1983 consisting
of eleven (11) pages
“N-2-a”
Signature of accused Estrada on page 10 of Exh. “P-2”
“N-2-b”
Signature of Dra. Luisa P. Ejercito on page 10 of Exh. “P-2”
“N-3”
General Information Sheet of All Hot Soup, Inc. as of January 1987
consisting of two (2) pages
