FORMER President Joseph Estrada may have been convicted for plunder, but government lawyers failed in their effort to recover P4.1 billion in alleged ill-gotten assets of Estrada.

Of the amount, P3.37 billion is now beyond government reach as far as the ruling of the Sandiganbayan Special Division goes.

Renato Bocar, Sandiganbayan executive clerk of court, said the plunder verdict authorized the government to confiscate only the P545 million that Estrada allegedly amassed from illegal gambling payola, the P189 million paid to him as commission in the purchase of Belle shares by GSIS and SSS, and the "Boracay Mansion" which was acquired for P142 million.

"That was all that the court declared forfeited by the government. Not the P4.1 billion. There was no proof that the other huge amounts of money were from ill-gotten sources. Even those sums found in the Jose Velarde account… how they were acquired…, there was no evidence. And that was the requirement of the law: that they should be shown to have come from an illegal series or combination of overt criminal acts," Bocar said.

Bank documents presented by the prosecution during trial showed the Jose Velarde account at one time contained P3.2 billion. They claimed the deposits came from protection money paid to Estrada by gambling lords, kickbacks and commissions from government contracts, and other illegal sources.

But according to Special Prosecutor Dennis Villa-Ignacio, the Velarde account at Equitable-PCI Bank now holds only a little over P2,000 after the deposits were drained immediately after Estrada’s ouster in January 2001 and before the court could issue a freeze order.

"That was an oversight of the prosecution… the account wasn’t attached at once. They failed to anticipate (the withdrawals). Still, the government can go after other properties of the accused that are not covered by exemption under the law," Bocar said.

Among assets covered by said exemption are ancestral homes, tools of trade, and furniture worth P100,000 and above.

Bocar said the 15-hectare Joseph Estrada Youth Camp in Tanay, Rizal can be included in the forfeiture if prosecutors cannot find bank accounts of the accused for confiscation.

The "Boracay Mansion," although not registered under Estrada’s name, was forfeited in favor of the State after the court determined that funds used to purchase it came from the Velarde account.

"The real owner is the former president. There has been a finding of Erap (Estrada’s ownership)," Bocar said.

He clarified the prosecution cannot challenge the acquittal of Sen. Jose "Jinggoy" Estrada and lawyer Edward Serapio from plunder. "The prosecution can’t appeal the acquittal, that’s double jeopardy."

Caloocan Bishop Deogracias Iñiguez said the guilty verdict on Estrada on plunder could be viewed as a good start in ridding the country of crooks and criminals.

"Isa iyan siguro sa magandang puwede natin ipuri sa desisyon na ito na merong malaking isda na (nahuli) ang justice system natin. Sana pati iyung ibang isda masama nang lahat. Basta may mga paratang na kasamaan o krimen na ginawa sa bansa mula sa presidente hanggang sa pinakahuling citizen," the prelate said. – Peter Tabingo and Gerard Naval