Today is the scheduled date for the pronunciation and promulgation of the former President of the Philippines, Joseph "Erap" Estrada administrative case of Plunder and Perjury. Prior to this promulgation, many opinions were spreading all over the country and to other nations. Even the people were getting ready of this event - another history of the Philippines. Opinions are divided thinking that the former President is either guilty or not, convicted or acquitted. The poor loves him because it is his people, but the administration does not. The promulgation came and he was convicted guilty on plunder and not guilty on perjury.Those who bet that Erap would be found guilty do not
necessarily want him convicted. They just think he would be convicted.
And those who predict that he would be acquitted do not necessarily
want him cleared of the charges.
There is a
third or middle ground -- that a mistrial would be declared. Under this
theory, Erap would neither be acquitted nor found guilty. Walang nanalo, walang natalo. Peace all around. Neat.ELEMENTS OF PLUNDER: Under the plunder law (RA 7080), the offender must be a public officer acting by himself or in connivance with other persons.
offender must have amassed or acquired ill-gotten wealth -- totaling at
least P50 million -- through a combination of these acts:
(a) Misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury.
Receiving, directly or indirectly, any commission, gift, share,
percentage, kickback or any pecuniary benefits from any person and/or
entity in connection with a government contract or project or by reason
of the office or position of the public officer.
or fraudulent conveyance or disposition of assets belonging to the
national government or any of its subdivisions, agencies or
instrumentalities of government-owned or -controlled corporations or
(d) Obtaining, receiving or accepting
directly or indirectly shares of stock, equity or any other form of
interest or participation including the promise of future employment in
any business enterprise or undertaking.
agricultural, industrial or commercial monopolies or other combinations
and/or implementing decrees and orders intended to benefit particular
persons or special interests.
(f) Taking advantage of
official position, authority, relationship, connection or influence to
unjustly enrich himself or themselves at the expense and to the damage
and prejudice of the Filipino people and the Republic of the