(At pp. 26-29)

It is obvious, and must be emphasized, that the acts of “AMASSING, ACCUMULATING OR ACQUIRING” involve a positive act of the accused of getting or coming into possession or control of the “ill-gotten wealth” from its owner.

Applied to the instant case, particularly as to the predicate act described in sub-paragraph (a), the act of “amassing, accumulating or acquiring” consists of “receiving” or “collecting” the aggregate amount of Five Hundred Forty Five Million Pesos (P545,000,000.00) from those engaged in “illegal gambling” in “consideration of toleration or protection of illegal gambling”. And who did the “amassing, accumulating or acquiring” ill-gotten wealth by “receiving” or “collecting” jueteng money? The Court, in its “Decision”, answers the question, thus:

x x x The Court notes that Gov. Singson in the course of his testimony mentioned certain persons who collected jueteng money aside from himself and his employees;* namely, Anton Prieto, Bonito Singson, Bong Pineda, Charing Magbuhos, Celso de los Angeles, Jesse Viceo, Romy Pamatmat and a certain Sanchez of Batangas. x x x x x x

(At pp. 207-208)

It likely would be suggested, and apparently it is on this basis, that the Court found that accused has committed what is alleged in sub-paragraph (a) of the Amended Information, because:

xxx xxx xxx

(b) He acted in connivance with then Governor Luis “Chavit” Singson,* who was granted immunity from suit by the Office of the Ombudsman, and with the participation of other persons named by prosecution witnesses in the course of the
trial* of this case, in AMASSING, ACCUMULATING AND ACQUIRING ILL-GOTTEN WEALTH* as follows:

(i) by a series of acts of receiving bi-monthly collections from “jueteng”, a form of illegal gambling, during the period beginning November 1998 to August 2000 in the aggregate amount of Five Hundred Forty Five Million Two Hundred Ninety One Thousand Pesos (P545,291,000.00), Two Hundred Million Pesos (P200,000,000.00) of which was deposited in the Erap Muslim Youth Foundation; and

xxx xxx xxx

(At p. 205 & 206)

There can be no mistake in the instant case. Governor Singson, and the others who collected jueteng money, or who performed the constitutive act of “AMASSING, ACCUMULATING, or ACQUIRING” ill-gotten wealth, are not alleged in the Amended Information as co-conspirators of accused Estrada. On the contrary, the Amended Information names explicitly those who acted in conspiracy with him ?

As to the entire offense:

x x x 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 x x x x x x

As to sub-par. (a), particularly:

(a) x x x in connivance with co-accused Charlie “Atong” Ang, Jose “Jinggoy” Estrada, Yolanda T. Ricaforte, Edward Serapio, and John Does and Jane Does
x x x x x x

The names “Gov. Singson”, “Anton Prieto”, “Bonito Singson”, “Bong Pineda”, “Charing Magbuhos”, “Celso de los Angeles”, “Jesse Viceo”, “Romy Pamatpat” and a certain “Sanchez” of Batangas who, according to the Court “collected jueteng money”¹⁵ are not among those named in the information with whom accused Estrada conspired in “receiving” or “collecting” money from illegal gambling.