45. People Vs. Joseph Ejercito Estrada.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S People vs. Estrada (G.R. Nos. 164368-69)

Facts: The petitioner is the People of the Philippines. The respondents are Joseph Ejercito Estrada and Hon. Special Division of the Sandigangbayan. In the case at bar, an Information for plunder was filed with the Sandigangbayan against the herein respondent Estrada. The People’s evidence includes testimonies of the PCIB officers and Atty. Manuel Curato, which states that there herein respondent opened a numbered trust account and signed as Jose Velarde. Hence, there are different Informations for the crime of plunder, illegal use of alias, and perjury. The petitioner contends that there should not be a separate information for illegal use of alias, for the reason that the use of alias is absorbed in plunder. The Sandigangbayan said that the three crimes are separate and distinct, which is why there are three different informations.

Issue: Is the illegal use of alias separate from plunder.

Held: The Supreme Court said that the use of illegal alias is not absorbed in plunder. With respect to the use of illegal alias, it is necessary that it should be used habitually and publicly. In the case at bar, it was not proven that there herein private respondent did not use such allege illegal alias publicly nor ahabitually.