DISCUSSION

I. MISTRIAL: THE ACCUSED PRES. ESTRADA WAS DEPRIVED OF HIS CONSTITUTIONAL RIGHT TO DUE PROCESS AND TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION AGAINST HIM.

Under the Court’s decision, the Accused was burdened four times heavier than the Prosecution, in violation of due process.

When arraigned, and throughout the trial, up to the time

the “Decision” was promulgated on September 12, 2007, the accused believed and understood that the “Amended Information”, dated April 18, 2001, charges him of a SINGLE, or ONE, offense of Plunder committed in the manner alleged in the Amended Information.¹

He understood that the Amended Information accuses him, together with Jose ‘Jinggoy’ Estrada, Charlie ‘Atong’ Ang, Edward Serapio, Yolanda T. Ricaforte, Alma Alfaro, John Doe a.k.a. Eleuterio Tan or Eleuterio Ramos Tan or Mr. Uy, Jane Doe a.k.a. Delia Rajas, and John Does & Jane Does, of the crime of Plunder, defined and penalized under R.A. No. 7080, as amended by Sec. 12 of R.A. No. 7659, that during the period from June 1998 to January 2001, he did then and there

a) x x x “willfully, unlawfully and criminally AMASS, ACCUMULATE AND ACQUIRE^* by himself, directly or indirectly, ill-gotten wealth in the aggregate amount or total value of Four Billion Ninety Seven Million Eight Hundred Four Thousand One Hundred Seventy Three Pesos and Seventeen Centavos [P4,097,804,173.17], more or less, thereby unjustly enriching himself or themselves at the expense and to the damage of the Filipino people and the Republic of the Philippines x x x;

b) That he did so (i.e., amass, accumulate and acquire ill-gotten wealth) THROUGH ANY OR A COMBINATION OR A SERIES OF OVERT OR CRIMINAL ACTS, OR SIMILAR SCHEMES OR MEANS;*

c) That the overt or criminal acts through which he AMASSED, ACCUMULATED and ACQUIRED* ill-gotten wealth are the following:

(a) by receiving OR collecting, directly or indirectly, on several instances, money in the aggregate amount of Five Hundred Forty-five Million Pesos (P545,000,000.00), more or less, from illegal gambling in the form of gift, share, percentage, kickback or any form of pecuniary benefit, by himself and/or* in connivance with co-accused Charlie ‘Atong’ Ang, Jose ‘Jinggoy” Estrada, Yolanda T. Ricaforte, Edward Serapio, and John Does and Jane Does, in consideration of toleration or protection of illegal gambling;*

2. by diverting, receiving, misappropriating, converting or misusing* directly or indirectly, for his or their personal gain and benefit, public funds* in the amount of ONE HUNDRED THIRTY MILLION PESOS [P130,000,000.00], more or less, representing a portion of the Two Hundred Million Pesos* [P200,000,000.00] tobacco excise tax share allocated* for the Province of Ilocos Sur under R.A. No. 7171, by himself and/or in connivance with co-accused Charlie ‘Atong’ Ang, Alma Alfaro, John Doe a.k.a. Eleuterio Tan or Eleuterio Ramos Tan or Mr. Uy, and Jane Does a.k.a. Delia Rajas, and other John Does and Jane Doe

(c) by directing, ordering and compelling, for his personal gain and benefit,* the Government Service Insurance System (GSIS) to purchase, 351,878,000 shares of stocks,* more or less, and the Social Security System (SSS), 329,855,000 shares of stock, more or less, of the Belle Corporation in the amount of more or less One Billion One Hundred Two Million Nine Hundred Sixty Five Thousand Six Hundred Seven Pesos and Fifty Centavos [P1,102,965,607.50] and more or less Seven Hundred Forty-four Million Six Hundred Twelve Thousand and Four Hundred Fifty Pesos (P744,612,450.00), respectively, or a total of more or less One Billion Eight Hundred Forty Seven Million Five Hundred Seventy Eight Thousand Fifty Seven Pesos and Fifty Centavos (P1,847,578,057.50); and by collecting or receiving, directly or indirectly, by himself and/or in connivance* with John Does and Jane Does, commissions or percentages* by reason of said purchases of shares of stock in the amount of One Hundred Eighty Nine Million Seven Hundred Thousand Pesos [P189,700,000], more or less, from the Belle Corporation* which became part of the deposit in the Equitable –PCI Bank under the account name “Jose Velarde”;

(d) by unjustly enriching himself from commissions, gift, shares, percentages, kickbacks, or any form of pecuniary benefits,* in connivance with John Does and Jane Does, in the amount of more or less THREE BILLION TWO HUNDRED THIRTY THREE MILLION ONE HUNDRED FOUR THOUSAND ONE HUNDRED SEVENTY THREE PESOS AND SEVENTEEN CENTAVOS [P3,233,104,173.17] and depositing the same under his account name “Jose Velarde” at the Equitable-PCI Bank.*