Gov’t seizes Erap’s assets
November 16, 2007 -- Got something to say?
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MANILA The Sandiganbayan Special Division Nov. 6 formally issued a writ of execution directing the Sheriff and Security Office to start confiscating assets of former President Joseph Estrada pursuant to his conviction on plunder.
Edgardo Urieta, chief sheriff of the Sandiganbayan, served the writ to Estrada today at his residence in No. 1 Polk street, North Greenhills, San Juan City.
“Some of us will go to Polk st. others will go to the banks. Isang labas lang, sabay-sabay na. Uunahin namin yung P200 million sa bank account ng Erap Muslim Youth Foundation at ide-deposito namin sa LandBank,” Urieta said.
Based on the writ of execution signed by Renato T. Bocar, executive clerk of court, Estrada will be given the option on what mode of payment he prefers: in cash or in certified bank check.
If the judgment obligor (Estrada) cannot pay all or part of the obligation in cash, certified bank check or other mode of payment, you shall (seize) upon the properties of the judgment obligor of every kind and nature whatsoever which may be disposed of for value and not otherwise exempt from execution, giving the latter the option to immediately choose which property may be levied upon, sufficient to satisfy the judgment, the court instructed Urieta.
The writ was reviewed and approved by Presiding Justice Teresita J. Leonardo-De Castro, and Associate Justices Diosdado M. Peralta and Godofredo L. Legaspi.
If Estrada refuses to exercise his option to choose which among his assets he is willing to give up, Urieta is empowered to confiscate the former president?s personal properties followed by real properties until the judgment is fulfilled.
In its September 12 decision, the Sandiganbayan Special Division forfeited in favor of the government a total of P735 million bank deposits of Estrada and the so-called Boracay Mansion in New Manila, Quezon City which was said to have been purchased at the cost of P142 million.
Bocar said Estrada?s lawyers could no longer question the judgment cost because the verdict has become final and executory.
Trial stage is done, this is now for execution. He (Estrada) cant question it anymore. This judgment is even higher than civil liability because forfeiture is part of criminal liability under plunder law. That was clear in the verdict. And most importantly, this was accepted by the former president,” Bocar said.
The court official stressed that the issuance of the writ is just a procedural function of the court after Estrada accepted the terms of his pardon and withdrew his appeal on his plunder conviction.
What the Sandiganbayan is doing is nothing out of the ordinary.
Everything is in accordance to the rules of court. The courts part here is simply ministerial. The judgment is in the nature of a money judgment. Money is generic. Hindi naman sinabi na pera lang na nasa Velarde account,” Bocar added.
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