Erap fights back, files libel raps vs Yuchengco and PDI

(Updated 10:59 p.m.) Former President Joseph Estrada on Thursday filed libel charges against business tycoon Alfonso Yuchengco, who claimed that he was coerced by the deposed Philippine leader into selling his company’s PLDT shares in 1998. In a six page complaint, Estrada said Yuchengco’s statements were “false and malicious" and intended to taint his reputation. Aside from Yuchengco, Estrada also accused the Philippine Daily Inquirer’s publisher, editor-in-chief and three writers of libel “for the printing, publication and circulation of Yuchengco’s statements" last Tuesday. “All the elements of crime of libel are present in this case. The defamatory statements of respondent Yuchengco and their publication by the Philippine Daily Inquirer were meant to destroy my integrity and reputation and ill-timed to derail my political goals," Estrada said in his complaint. The respondents from the PDI were Isagani Yambot (publisher), Letty Jimenez-Magsanoc (editor-in-chief), Daxim Lucas, Christine Avendaño, and Doris Dumlao (writers). Libel is punishable under Article 353 of the Revised Penal Code, which defines the crime as a “public and malicious imputation of a crime, or a vice or defect, real or imaginary, or any act, omission…tending to cause dishonor, discredit, or contempt of a natural or juridical person…" Estrada swore to his complaint before city prosecutor Tomas Ricalde Jr. at the San Juan Prosecutor's Office. He was accompanied by son San Juan Mayor Joseph Victor "JV" Estrada, lawyer Jose Flaminiano and former Senate President Ernesto Maceda. In a press conference held shortly after the filing of the complaint, Estrada denied that he pressured Yuchengco to sell 7.75 percent of the Philippine Telecommunication Investments Corp.’s (PTIC) shares in PLDT to Manuel Pangilinan’s Metro Pacific Co. Allegedly, the sale's purpose was to enable Metro Pacific to strengthen its ownership of PLDT. “I never bullied and threatened anybody … Mr. Alfonso Yuchengco has maliciously given false statements against my person to publicly humiliate me and damage my reputation," Estrada said. Asked how much he would seek in civil damages, Estrada said he was looking at about “P10 to P20 million." If he wins in the case, Estrada said he would give the money to the failed plan holders of the Yuchengco family’s collapsed pre-need firm Pacific Plans Inc. The collapsed firm failed to pay plan holders after it experienced what it said were "liquidity problems" before going into a "voluntary corporate rehabilitation." Nonetheless, Estrada said his primary purpose was to vindicate his name. Estrada likewise questioned Yuchengco’s motive for making his admission. The former president said that Malacañang could be behind the “rehashed" allegations against him. “He (Yuchengco) is close to the administration," Estrada said. “I believe so (that Malacañang is involved) because he (Yuchengco) is involved in this fish pond." GMANews.TV tried to reach President Gloria Macapagal Arroyo’s spokespersons but none of them could be reached. No malice PDI, meanwhile, denied that their story was published with “malice." “We believe that the story was a fair and true report of an issue vested with public interest," said PDI in a statement. It withheld further comment, saying it has yet to receive a copy of the complaint. Yuchengco, meanwhile, engaged the services of the "The Firm" - Villaraza Cruz Marcelo and Angangco - counsel in the libel case. In a text message Thursday night, the firm's spokespersons, lawyers Miguel Silos and Thea Daep, said they are still waiting for a copy of the libel complaint. They however said that based on information they got from the media, there is no reason for Estrada's action against their client. "Given only what has appeared in media, our client did not mention Estrada in his statement in reaction to the priviliege speech of Senator Lacson," the firm said. Estrada also questioned the authenticity of Yuchengco’s statement that media obtained on Tuesday. “It’s not even validated. It was not signed," Estrada said of Yuchengco’s statement, whose authenticity was earlier confirmed by a Yuchengco family member privy to the case. Yuchengco’s short statement on Tuesday read: "I confirm the statements made by Senator Panfilo Lacson in his privilege speech relating to my 7.75% holdings, equivalent to 2,017,650 in PLDT [Philippine Long Distance Telephone Company] common shares.These shares were taken from me in 1998 through sheer intimidation and serious threat to my business, myself, and my family." No P3-billion kickback Estrada also lashed back at former Securities and Exchange Commission chairman Perfecto Yasay, who claimed that Estrada received a large portion of the P3-billion "commission" from the PLDT deal. [See: Ex-SEC chief: Erap got P2B+ from sale of PLDT shares] The former president said Yasay “was biased because he was suspended," referring to Yasay’s relief from duty when the SEC tried to look into the alleged anomalous PLDT deal in 1998. In 2000, Estrada became the first Philippine leader to be impeached by the House of Representatives. During Estrada’s impeachment trial in January 2001, Yasay testified on how Estrada colluded with Metro Pacific for it to have control over PLDT. The impeachment trial, however, was cut short after the prosecutors walked out of the proceedings when majority of senators voted not to open the second envelop purportedly containing bank accounts of Estrada. Estrada was later ousted from the presidency when the military leadership withdrew its support from him in January 2001. He was arrested in April that same year, charged with massive graft and detained under house arrest in his mansion in Tanay, Rizal. On Sept. 12, 2007, the anti-graft court Sandiganbayan convicted Estrada of plunder and sentenced him up to 40 years in prison. Estrada, however, never served his sentence at the National Penitentiary in Muntinlupa. On October 25 of that year, President Gloria Macapagal Arroyo granted him executive clemency. - with Mark Merueñas, GMANews.TV