Closing the book
THE Sandiganbayan decision on the trial of former President Joseph Estrada closes a tumultuous chapter in our history. Whether President Arroyo offers Mr. Estrada a pardon or the Supreme Court sees fit to reverse the lower court’s ruling, we should be relieved to close the book on a very controversial case that took the court more than six years to make a judgment on.The trial took a long time because both defense and prosecution laid claims to postponements and recesses in the interest of a fair trial. Both sides, but particularly the defense, took advantage of the legal dodges allowed by law. They were meticulous in their preparation and thorough in the court skirmishes. In the end, due process was observed. The trial upheld the rule of law.
It was a controversial case for many reasons. Mr. Estrada was not a 20-year dictator but a popularly elected president when he was thrown out of power. His defense in the impeachment trial never prospered because the prosecutors walked out abruptly over an unopened envelope. His own secretary of defense and his generals withheld critical support during the second Edsa revolt. When the Supreme Court validated his ouster and installed the vice president, the accusations against him took a powerful, inexorable force.
The case also had no precedent. Mr. Estrada had claimed innocence from the beginning but the government built a powerful argument against him. He claimed he was offered exile but he refused it. He would turn down a presidential pardon if offered because acceptance would imply guilt. Many Filipinos probably believe him, from the jobless and underemployed masa to the swarm of politicians he helped get elected in the May 14 elections.
The Sandigan cleared Sen. Jinggoy Estrada and the lawyer Eduardo Serapio. That should help console the former president. The lower court also said he could continue to stay in his comfortable home in Tanay. A motion for reconsideration before the Sandigan holds out some hope, even if slim. An appeal to the Supreme Court offers a lifeline.
The nation took the news with remarkable calm. Fears of a violent outrage came to nothing. Philippine share prices closed 1.21 percent higher Wednesday as investors discounted political instability after the court decision. Resignation in the opposition ranks seems to be the popular mood. Mr. Estrada urged his followers to stay calm. The administration said it could now focus on the task of strengthening peace and the economy with greater vigor.
What lessons have we learned? First, almost every Filipino is saying we should forswear “people power” as an alternative to bad government. Second, the Armed Forces of the Philippines, like the professional Civil Service, should uphold neutrality and independence on a grave constitutional issue. Third, the system is unfair because it allows the guilty to walk away from a crime. Finally, we learned that there is no sanctuary from misdeeds in the highest office of the land. The Estrada precedent will cast a lingering shadow on the political landscape for a very long time.
