Beyond the Pronouncement: Justice in the Conviction of Erap www.hsc.dlsu.edu.ph September 12, 2007 is a milestone in the history of the Philippine government. For the first time, the courts delivered a guilty decision on graft and corruption charges filed against a person that once held the highest position in the land. The decision came in only 6 years--a length unprecedented for such a case, and involving such a personality. Despite the "measly" sum of money involved in the decision compared to how Erap's plunder was projected, many share the view that it was a triumph of the Filipino people, and proof that indeed, justice prevailed. Now, barely a month after the SandiganBayan decision, the Arroyo administration is quick to offer pardon or amnesty for the ex-President of the Philippines convicted of plunder--"in the spirit of reconciliation and unity". The people that once did an EDSA to kick Joseph "Erap" Estrada out of office in 2001 seem to have had a change of heart. A confidential SWS survey dubbed Project Theodore conducted before the SandiganBayan decision had 86% of respondents, both of lower and higher income status, saying Erap should be pardoned. Of this, 48% said Gloria Arroyo should pardon Erap immediately, while 38% percent opined that he should be pardoned after some time. Only 13% did not want any pardon for Erap, and this percentage was also of both higher and lower income status. Photo taken from geocities.com/hkpaa Seemingly, the anger that launched a thousand websites, blogs, and text messages, and drew thousands up their feet to march in EDSA to call for Erap to step down is gone. In the same survey, Erap received more affirmation of trust [64%] than Arroyo did [18%]. People seem to have forgotten about the mansions, the gambling, the drinking, the kumpares, the women, and the envelope. Or, people simply do not mind anymore right now, for considering the controversies surrounding his successor, Erap's corruption legacy could pale in comparison. After all, Arroyo's league is that of Marcos, and Erap seems to have not done enough to join the two in that distinction. However, Arroyo and Erap continue to be each other's antagonist in today's political arena before the public. The same game is inadvertently being played up in the media. Rather than reminding the people of the incidents several years ago that led to his ouster and then his conviction to make the people understand the significance of a guilty verdict, the aspect of the case as one being Erap vs Arroyo, Arroyo vs Erap is more explored and presented. Erap is still being given media mileage even as he is "imprisoned". His statements get aired on radio and TV--pounding upon people's minds his interpretation of the things happening to him, knowing that he is still loved by loyal fans who could never believe he is a crook. People get even more divided on the issue. Sympathy for Erap is won and heightened when Arroyo is placed in the picture. Surveys say it--Arroyo is now the object of the people's aversion, and frankly and quite obviously, it is not that hard to understand. However, it does not change the fact that Erap is guilty of plunder beyond reasonable doubt, as the SandiganBayan justices pronounced. Again however, after the pronouncement, could we call it "justice served"? www.abscbnnews.com Professor Minerva Baylon of the National College of Public Administration of the University of the Philippines in Diliman thinks it is so. "However, granting amnesty to Erap defeats the decision. For the Arroyo administration to go for it gives the people a very confusing, wrong message." Prof. Baylon relates how she discusses the issue in her Ethics and Accountability in Public Service class, emphasizing how corruption is a high-risk, low-reward activity for the nation. "It came from Erap himself, that he does not intend to seek special treatment. Why don't they try that out? Put him in prison. Let's see. Just consider how much the government spends for Erap's house arrest, guards and all wherever he goes", says Prof. Baylon. She believes however that there is a huge possibility that Erap will be pardoned because the administration seemingly is in fear of revolts if they truly execute what the conviction really calls for. "Even the SandiganBayan did not decide against the request of the Erap camp to allow him to remain in Tanay." Whether it was all a politically influenced decision, time will tell. According to Prof. Baylon, "Before we can conclude justice is at work, we must wait for the outcome of corruption charges involving those linked with the current administration." Right now, while determined to try his luck with the Supreme Court, convicted Erap is still detained in his resthouse in Tanay. He is granted permission to visit his ailing mother in the hospital, in which occasion, he takes the opportunity to meet with his allies in politics over luncheons. Unlike his fellow convicts in society, he eats hearty meals from his own fish pond, poultry, and vegetable garden. Who else knows what privileges is accorded to him who tried to keep public funds for his own use under the name Jose Velarde, and this is the man the poor masses are screaming their hearts out for in the streets, driving their chests against the armed police who would not think twice of beating them up if they get too near. The Marcoses--considering the horrible past they have woven in the fabric of Philippine government which continue to haunt the present, and may very well still will the future--enjoy celebrity status in the very soil they raped. Arroyo--standing "tall" and strong up there on top of her own growing pile of controversies, enjoys as of the moment the frustration and fatigue of the people over corrupt presidents. In this one case, in Erap's case, justice is served--in the sense that the court was able to deliver decision, and that being a rare moment in history calls for celebration. But justice must go beyond the pronouncement, and the people must be--for they are--active agents in ensuring over time that justice is indeed attained. In working for justice, history has taught us the same things can happen again--and in this realization, our energy to uphold justice must be as boundless as the guts of those who continue to hammer into our minds that ill is the nation's fate in government and we have no choice but to deal with that. For further reading: SWS Survey: Pardon Erap, by Norman Bordadora The Inequity of Selective Prosecution, by Raul Pangalangan, PDI D-Day for Erap after 6-year legal war, www.abs-cbnnews.com TOP OF PAGE