Ombudsman Conchita Carpio-Morales. SENATE POOL PHOTO
The Ombudsman has affirmed its decision to charge with plunder the alleged auditor and coaccused of former President Joseph Estrada for gambling payoffs during his presidency.
A review committee, in a 14-page order, dismissed the motion for reconsideration filed by Yolanda Ricaforte seeking the dismissal of the plunder information filed against her in 2001.
The order, signed by Ombudsman Conchita Carpio Morales on Sept. 14, recommended Ricaforte’s prosecution for allegedly handling illegal gambling payoffs to Estrada who was subsequently convicted of plunder.
It also urged the Sandiganbayan to immediately schedule Ricaforte’s arraignment.
No new arguments
The review panel was composed of Deputy Special Prosecutor Jesus A. Micael as chair with Armando Sanchez Jr., Francisca Maullon-Serfino and Maria Olivia Elena Roxas as members.
According to the panel, there was no basis for Ricaforte’s plea to the Sandiganbayan Special Division seeking recall of the plunder indictment as she was not able to present any new arguments, newly discovered evidence or point to any grave errors of law or procedure that would warrant such a reversal.
“Conspiracy between Ricaforte and former President Estrada to commit the crime of plunder was clearly established. Unquestionably, she aided former President Estrada in accumulating ill-gotten wealth for which the latter was found guilty of plunder,” the panel said.
Convicted, pardoned
Ricaforte is alleged to have been the auditor of the illegal “jueteng” payoffs made to Estrada. She fled the country at the height of the Edsa 2 revolt that ousted Estrada in 2001.
Estrada was placed on trial and was convicted of plunder by the Sandiganbayan on Sept. 12, 2007, for receiving P545 million in illegal gambling payoffs and another P189.7 million in commissions from the sale of Belle Corp. shares worth P744.61 million and P1.102 billion to the Social Security System and Government Service Insurance System, respectively.
His successor, President Gloria Macapagal-Arroyo, now a representative of Pampanga and herself also facing plunder charges after her own term ended, immediately pardoned him.
Estrada’s two other coaccused—son Sen. Jose “Jinggoy” Estrada and lawyer Edward Serapio—were both acquitted for insufficiency of evidence, while Charlie “Atong” Ang was alter allowed to plead guilty to a lesser offense of corruption of public officials after his extradition from the United States in 2007.
In addition, Ang was compelled to return to the government P25 million that he admitted to skimming off the P200 million in tobacco excise taxes intended for the tobacco farmers in Ilocos Sur.
The other defendants were Ricaforte, businessman Jaime Dichaves and alleged dummy account holders Alma Alfaro, Delia Rajas and Eleuterio Tan, who remain at large.
In October 2011, Ricaforte asked the Sandiganbayan Special Division to order the Ombudsman to withdraw her arrest warrant, arguing that she had been denied due process and the charge sheet against her was defective.
But the prosecution countered that a valid preliminary investigation had been conducted on the complaint filed against her before the plunder case was filed in court.