Ani grants Estrada one-week reprieve

Ousted President Joseph Estrada won yesterday a seven-day reprieve from corruption charges to be filed against him by the Office of the Ombudsman, which took cognizance of his petition challenging the legitimacy of Gloria Macapagal-Arroyo’s administration.

Ombudsman Aniano Desierto agreed to the one-week reprieve, which saves the former president from being arrested or detained during that period.

This developed as Chief Justice Hilario Davide and Associate Justice Artemio Panganiban inhibited themselves from the case. Justice Josue Bellosillo became the presiding justice.

Estrada’s lawyer Rene Saguisag earlier sought assurances that charges won’t be filed against the deposed president before the Sandiganbayan until after the Supreme Court (SC) has rendered a decision on the Arroyo presidency.

"We will need seven days so we will not act or finalize actions within that period. We will not be able to announce actions of the panel until after the termination of the courtesy period," Desierto told reporters.

The decision was also based on the order of the Supreme Court that both parties would have five days each to file their respective memoranda, plus two more days to file their reply on such, afterwhich the case is deemed submitted for decision.

The tribunal promised "to terminate this case fast enough."

Saguisag insisted that his client remains president as Estrada never officially resigned.

"There was no resignation letter," Saguisag stressed.

Malacañang countered that Estrada effectively resigned when he left the Palace on Jan. 20, adding that there was no more need for him to sign any resignation letter.

"If we are in a monarchy, I can say he has already abdicated," Presidential Spokesman Renato Corona said.

Bellosillo enjoined Desierto, who is readying the criminal charges against Estrada, to refrain from filing the suits.

Estrada was forced to vacate Malacañang at the height of a popular uprising triggered by the collapse of the impeachment trial against him when prosecutors walked out last Jan. 16 when the Senate voted 11-10 to prevent the opening of secret documents damning to Estrada.

He was compelled to step down following the withdrawal of support for his leadership by most of his Cabinet members and the entire military and police organizations.

Estrada maintained, however, that he was merely on leave and that Arroyo who took over the reins of governance was merely serving in an acting capacity.

Legal experts believe that Estrada’s refusal to sign a letter of resignation was made upon the advice of his lawyers in a bid to retain his immunity from suit.

Government lawyers also said Estrada was not interested in regaining the presidency, but only wanted to protect himself from criminal prosecution.

A string of plunder and graft cases have been filed against him by some 80 private complainants before the Office of the Ombudsman.

In his petition filed by his lawyers on Feb. 6, Estrada claimed he remained the constitutional head of state and asked the High Court to declare Mrs. Arroyo as acting, rather than permanent, president.

His lawyers stopped short of challenging Mrs. Arroyo’s authority, saying Estrada was on leave and Mrs. Arroyo was in charge.

When asked by Justice Leonardo Quisumbing which one the country should obey, Saguisag replied; "The acting president. The other is on leave."

Arguing for Mrs. Arroyo, Justice Secretary Hernando Perez said Estrada had been replaced by a "nationally and internationally recognized successor."

"The former president had lost all power being rendered permanently incapable of exercising his executive functions...he had lost the support of the people," Perez said.

Saguisag countered that there was clearly no vacancy in the presidency, adding that his client left the Palace because he felt threatened by the thousand of protesters marching outside.

"It was to avoid bloodshed," Saguisag said. "No one wanted a Filipino harmed."

The tribunal is set to hear a separate petition from Estrada, a former movie actor, aimed at stopping government investigations into allegations that he amassed a vast fortune during his 30-month reign.

Estrada failed to meet a deadline on Tuesday for the filing of his response to charges of bribery, corruption and economic plunder, making it more likely that he will stand trial.

If charged with the non-bailable offense of plunder, Estrada will face immediate arrest, unless he can convince the courts that the evidence against him is too weak.

The other day, he denied owning a bank account using a fictitious name which used to contain P3.2 billion, but was emptied on Nov. 13, 2000, the day he was impeached by the House of Representatives on charges of bribery, graft and corruption, betrayal of public trust and culpable violation of the Constitution.

"Those accounts are not mine," Estrada insisted.

Businessman Jaime Dichaves, one of Estrada’s alleged cronies, has alleged he owned the account with the Equitable-PCI Bank under the false name "Jose Velarde."

Davide, Panganiban inhibit selves from hearing of Estrada plea

Chief Justice Hilario Davide, who administered the oath of office to Mrs. Arroyo, and Justice Artemio Panganiban inhibited themselves from the start of the hearing of Estrada’s petition.

Saguisag claimed that the two magistrates might have prejudged the issue as they both made public statements that Arroyo took power legally.

Davide and Panganiban said while the grounds for their inhibition were not valid, they nevertheless stepped aside "dispel any doubts" on their impartiality.

The two justices remained among the 15-member SC panel on the issue, but will not participate in making a ruling on the petition.

While Saguisag claimed to have scored with the reprieve which he said was equivalent to a temporary restraining order, he admitted he may still lose the case.

Lawyer Leonard de Vera, one of the complainants, said Estrada, was a "president only in name" who wants only to evade prosecution and eventual imprisonment.

"We wish to drive a point here that we want to show to our people that justice can be done, and even the strongest man in the Philippines can be put behind bars," De Vera said.

"This (Estrada’s petition) is nothing more but a desperate attempt to evade prosecution. He is only president in name. He is the only president in history that has no Cabinet, no police or military to command, or the recognition of the community of nations. He has nothing," the lawyer pointed out.

Meanwhile, dozens of supporters of the deposed president scuffled with the police outside the SC premises.

At least three pro-Estrada rallyists managed to break through a phalanx of riot police and climbed the iron-grilled fence of the court building, but were forcibly brought down.

A heated confrontation followed, triggering about 15 minutes of scuffles, with protesters pelting stones and empty water bottles at the police who fought back with batons and shields.

The protesters were chased away and they joined a bigger group of about 1,000 pro-Estrada rallyists.

A leader of the protesters said they may camp outside the court to pressure the justices to reinstall Estrada as president.

Other protest leaders called for calm and dialogue with the authorities.

At least two firetrucks were sent to the scene, ready to hose down the mob if the situation got out of control.

Security at the SC was stepped up, with vehicles restricted from entering the street in front of the court building, accessible only to those with special passes.

There were no injuries or arrests made.

Meanwhile, militant groups vowed to spark another "people power" to ensure the prosecution and incarceration of Estrada.

Leaders of the Kilusang Mayo Uno (KMU), the Bagong Alyansang Makabayan and Bayan Muna made the pledge during a rally in front of the SC building.

"We will not let the Estrada family do what the Marcoses did and get cleared of charges against them. Estrada already has set infamous records. We will help him become the first Philippine president to be jailed for plunder, corruption and numerous other criminal charges," KMU chairman Crispin Beltran said.

He said the people have already judged Estrada, and the SC has to uphold that guilty verdict.

"No counter-arguments could possibly excuse Estrada from his corrupt and shameless conduct while in office. Uphold the people’s verdict and jail Estrada now," Beltran told the SC.– With Marichu Villanueva, Mayen Jaymalin, Nestor Etolle, Cecille Suerte Felipe