Estrada vs Sandiganbayan
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estrada vs sandiganbayan case...
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Estrada vs. Sandiganbayan
G.R. Nos. 164368-69, 2 April 2009
FACTS President Joseph Ejercito Estrada was forced to vacate his office at the call of People Power III, on January 20, 2001, and then Vice-President Gloria Macapagal-Arroyo succeeded him in office. The Sandiganbayan, from its preliminary investigations, ruled that from June 1998 to January 2001, the accused former President Estrada, by himself and/or in connivance/ conspirary with his co-accused (Jinggoy Estrada, Charlie ‘Atong’ Ang, Edward Serapio, Alma Alfaro, et cetera, who are either members of his extended family or business partners), by taking undue advantage of his official position, authority, connection and influence, willfully, unlawfully and criminally amass, accumulate and acquire by himself ill-gotten wealth totaling P4.1B (P4,097,804,173.17), more or less, thereby unjustly enriching himself to the damage of the Filipino people and the Republic of the Philippines. He was issued a warrant of arrest. A motion for reconsideration was denied by the Sandiganbayan. A series of Motions to Quash and Oppositions to the Motion to Quash, based on the apparent unconstitutionality of the act due to vagueness. Included in the case against him are the following information: (a) money from illegal gambling (b) appropriating public funds from the tobacco excise tax in Ilocos Sur (c) money from commissions on purchase of shares in the Belle Corporation (d) unjust enrichment from gifts, percentages and kickback, depositing the same under ‘Jose Velarde’ at the Equitable-PCI Bank The guilt of Estrada is not in question at this point, but rather the constitutionality of the law aiming to penalize his acts, RA 7080. The petitioner names a few words used in the Act that apparently exhibited vagueness and would therefore render the Act unconstitutional. These words include the operative meaning of “combination,” “series,” and “pattern.”
ISSUES 1. WON RA 7080 is constitutional due to contentions of vagueness 2. WON RA 7080 violates due process by dispensing with the ‘reasonable doubt’ standard in criminal prosecution
3. WON RA 7080 is malum prohibitum, which abolishes the element of mens rea in the pattern of crimes constituted as plunder, even if individual crimes require mens rea OPINIONS Bellosillo, J: 1. WON RA 7080 is constitutional due to contentions of vagueness a. The petition is pure sophistry. “A stature is not rendered uncertain and void merely because general terms are used therein.” “To doubt is to sustain,” meaning that we must remove all the doubts from our minds in able to justify the majority decision. In legal hermeneutics, a statute will be interpreted in the natural, plain and ordinary acceptation and signification, UNLESS the legislature intended a technical or special legal meaning to its words. A statute is vague only when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ in its application. This vagueness leads to two things: 1. does not accord people with fair warning of violation, and 2. gives the law enforcement unbridled discretion in carrying out its provisions In RA 7080, as provided by the ‘intent’ of the Legislature while in session for the creation of the said act, ‘combination’ would mean 2 or more acts of different categories while ‘series’ would mean 2 or more similarly-categorized acts. Therefore, being that it was defined by the Legislature, there is no reason to mark it as vague. b. Facial challenges against allegedly void-for-vagueness rules are applied only to cases covered by the First Amendment (freedom of speech), not penal statutes. The task of analyzing a proposed statute is rarely, if ever, an appropriate task for the judiciary. “On-its-face” invalidation of statutes are “manifestly strong medicine” to be employed “sparingly and only a last resort.” Ambiguity, where none exists, cannot be created by dissecting parts and words in the statute for want of scientific precision in the law. Each part should be construed in relation and with reference to every other part. Furthermore, being a Senator who voted for the passage of said law, petitioner should have had full knowledge and understanding of its legal implications. In Gallego v. Sandiganbayan, this challenge was raised for the term ‘unwarranted.’ The court ruled that there is nothing ambiguous in the term. 2. WON RA 7080 violates due process by dispensing with the ‘reasonable doubt’ standard in criminal prosecution a. Petitioner assails Sec. 4: “not necessary to prove each and every criminal act… it being sufficient to establish, beyond reasonable doubt, a pattern of overt or criminal acts indicative of the overall unlawful scheming or conspiracy.
In the session of the Congress, what apparently needs to be proven is the ‘element of the offense.’ To find the totality of the amount, ‘we will sum up the amounts involved in those transactions which were proved.’ The burden still remains with the prosecution to prove beyond any iota of doubt every fact or element necessary to constitute the crime. Sec. 4 is merely a procedural measure, meaning even without invoking it there could still be a conviction for plunder. Sec. 7 also attests to this, that even in cases where one or more of the provisions will be not considered valid, the other provisions can still be used to convict the accused of plunder. 3. WON RA 7080 is malum prohibitum, which abolishes the element of mens rea in the pattern of crimes constituted as plunder, even if individual crimes require mens rea a. Plunder should be malum in se (evil in itself), therefore the requirement of mens rea (criminal intent) must be proven. In individual cases that make up plunder, the requisite mens rea must be shown. Furthermore, plunder is a crime in which abomination lies in the significance of the negative effects in the larger sociopolitical and economic context of a state struggling to develop and provide for its underprivileged, and the action of the Congress to penalize it with reclusion perpetua or death makes it malum in se already. RA 7080 constitutional, petition dismissed.
Mendoza, J (concurring): 1. WON RA 7080 is constitutional due to contentions of vagueness- concur 2. WON RA 7080 violates due process by dispensing with the ‘reasonable doubt’ standard in criminal prosecution a. Test of strict scrutiny are not applicable to penal statutes. Petitioner cites the ‘most celebrated footnote in [American] constitutional law’: “…narrower scope of the presumption of constitutionality when legislation appears on its face to be within a specific prohibition of the Constitution…” There is no warrant for petitioner’s contention that ‘the presumption of constitutionality of a legislative act is applicable only where the Supreme Court deals with facts regarding ordinary economic affairs, not where the interpretation of the Constitution is involved. In strict construction, justices parse the intent of legislation. Strict scrutiny, on the other hand, calls for judicial review on a matter of gov’t interest. In deferential review, laws are upheld if they further a legitimate state interest, while in intermediate review the substantiability of the gov’t interest is looked into and the availability of less restrictive alternatives are considered. b. CJ Rehnquist: “We have not recognized the overbreadth doctrine outside the limited context of the First Amendment.”
c. Anyone reading the law in relation to this charge cannot possibly be mistaken as to what the petitioner is accused of. The meanings of words asked by petitioner are irrelevant: it is enough that the prosecution proves that a public officer, by himself or in connivance with others, amasses wealth of at least P50 M by committing two or more overt or criminal acts. Where ambiguity is not latent and legislative intention is discoverable, the voidfor-vagueness doctrine has no application. 3. WON RA 7080 is malum prohibitum, which abolishes the element of mens rea in the pattern of crimes constituted as plunder, even if individual crimes require mens rea- concur Panganiban, J (concurring): 1. WON RA 7080 is constitutional due to contentions of vaguenessIn the notes of the session, the legislators are deemed to be indecisive and cannot finish their sentences to conclude the meaning of the protested words. Justice concludes that this could be due to stenographers. Judiciary is empowered to construe law, especially in a crime against national interest which must be stopped, and if possible, stopped permanently. Just as the accused is entitled to the presumption of innocence in the absence of proof beyond reasonable doubt, so must a law be accorded the presumption of constitutionality without the same requisite quantum of proof. 2. WON RA 7080 violates due process by dispensing with the ‘reasonable doubt’ standard in criminal prosecution RA 7080 treats conspiracy as merely a mode of incurring criminal liability, but does not criminalize it or penalize it per se. 3. WON RA 7080 is malum prohibitum, which abolishes the element of mens rea in the pattern of crimes constituted as plunder, even if individual crimes require mens rea The acts constituting plunder are NOT innocent acts, they cannot be committed sans criminal intent. Even if that were not the case, whether plunder is mala in se or prohibita, it is the prerogative of the legislature to determine whether certain acts are criminal irrespective of the actual intent of the perpetrator. Petitioner must not resort to legalisms to save himself, but rather disprove the facts of the case, to prove his conscience to the teeming masses he claims to love. See Notes.
Kapunan, J (dissenting) 1. WON RA 7080 is constitutional due to contentions of vagueness Given the penalty of reclusion perpetua to death, the standards for clarity of this law must be higher. Vagueness and overbreadth should be applicable here as well, since what’s at stake is a person’s life, liberty and property. In the US, these cases were allowed (ex: Springfield v. Oklahoma).
a. Men steeped in law find difficulty in understanding plunder. Presiding Judge of Sandiganbayan, Justice Garchitorena, admits that the said court quarrels with each other in finding ways to understand plunder. Senator Neptali Gonzales admits to it being vague. Fr. Bernas asked the question of whether a ‘series of criminal acts’ is still so if the elements are proved to be not criminal? The fact that Justices have to resort to the dictionary as well as the deliberation of the lawmakers only serve to prove RA 7080 failed to satisfy strict constitutional requirements of clarity and definiteness. In most penal laws, ‘series’ usually means a number or percentage must be given, (ex: band- 3 or more; conspiracy- 2 or more) Even the legislators have a dearth of focus to render precise the definition of the terms . Furthermore, the acts prohibited by RA 7080 are too vague and subject to misinterpretation. (ex: ‘misuse’ of public funds could mean abuse, or simply an administrative error) The term ‘pattern’ has not been defined, that with which we could distinguish what plunder is from isolated criminal acts. Can two acts form a pattern? Notes that RA 7080 is patterned after the RICO Law, wherein ‘pattern’ is not defined except as to the time of the acts committed in racketeering. However, individual state laws define ‘pattern’ their own way, which we have not yet done. US Supreme Court rules this as continuity plus relationship. But what is continuous? Time continuity, perhaps? What constitutes a relationship? However, individual state laws define ‘pattern’ their own way, which we have not yet done. Justice Scalia noted that the said definition increased vagueness instead. 2. WON RA 7080 violates due process by dispensing with the ‘reasonable doubt’ standard in criminal prosecution a. Being a participant charges you with the penalties imposed on the plunderer as well, meaning a degree of arbitrary enforcement of the law 3. WON RA 7080 is malum prohibitum, which abolishes the element of mens rea in the pattern of crimes constituted as plunder, even if individual crimes require mens rea a. Why would a law punish a ‘series of acts’ with death or reclusion perpetua is by themselves individual acts are punishable merely by correctional penalties? It shows cruel and inhuman punishment. Penalty would then be blatantly disproportionate to the offense. (ex: bribery with prision correcional plus fraud against public treasury with prision correcional equals plunder with reclusion perpetua or death) Going back to the first argument, what constitutes a series that could eventually cost a person his life, liberty or property? It should be defined. b. Lack of mens rea or a clarifying scienter (intent to wrongdoing) increases the vagueness of the state, and effectively renders plunder as malum prohibita.
The idea that petitioner is estopped from questioning the constitutionality of the said Law because he was a signatory to it means that people could not question the constitutionality of any Law because it is a representative who they chose who signed for it. The goal behind RA 7080 is commendable, but the means to get to said goal could be used as a tool against political enemies and a weapon of hate and revenge by whoever wields the lever of power.
Pardo, J (dissenting): No need to question constitutionality of the law. However, the multiplicity of the offenses charged must be held instead of one offense only. We must prove that these singular cases must have had mens rea for the single offense of plunder to be granted. No death penalty, though.
Ynares-Santiago (dissenting): Substantive due process dictates that there should be clarity in any law that could possibly deprive a person of his life or liberty. If the law itself is not reasonable legislation, due process is violated. 1. WON RA 7080 is constitutional due to contentions of vagueness Even members of the Senate who are illustrious lawyers found the Plunder Law vague. Furthermore, the acts prohibited by RA 7080 are too vague and subject to misinterpretation. (ex: ‘misuse’ of public funds could mean abuse, or simply an administrative error) ‘Series’ punishable by separate penal statutes, why the need to supply for the missing elements of a new crime of plunder? This would take over the corrective or punitive legislation from the Congress. Definiteness is a due process requirement. Due process commands that even though the governmental purpose is legitimate and substantial, the purpose cannot be pursued by a means so vague. If the guilty intent is eliminated, even innocent acts can be plunder. (ex: ‘misuse’ of public funds could mean abuse, or simply an administrative error)
Sandoval-Gutierrez (dissenting): 1. WON RA 7080 is constitutional due to contentions of vagueness Individual crimes as means for plunder, meaning that if any two of the six conditions are in place, the justices do not necessarily have to be in accordance which two are correct, they merely have to agree that two conditions are present, and that results to an instant conviction, leading to the deprivation of the life and liberty of the accused.
RA 7080 is a means to make it convenient for law enforcement and the judiciary system. Instead of many crimes, they will lumped into one huge crime. The problem is, the crimes in themselves are not necessary, only the conspiracy to commit them. Pattern could mean time or relation. A pattern, an indefinite one at that, could extend indefinitely, meaning that two acts, spaced decades apart, that would fall under the elements for plunder, could be linked and conviction be made. A cut-off period is suggested. The disparity of the Prosecution and OSG shows how imprecise ‘series’ is. Crimes are not to be created by inference. We must set ground rules. RA 7080 is a novel law, hence the greater need for precision of terms. Also, even if the amassed wealth equals or exceeds P50 M, a person cannot be prosecuted if there is only a single criminal act.
NOTES Petitioner opened with a line about a befuddled law student who cannot make heads or tails out of the meaning of series, combination and pattern. Solicitor-general, on the other hand, parodies RA 7080’s purported vagueness by comparing it to the tailors of the emperor’s new clothes. Metaphorical illustration of ‘pattern’ as a wheel with spokes (the overt or criminal acts) meeting at the common center (acquisition of ill-gotten wealth) and with a rim (unlawful conspiracy).
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