Estrada to file appeal with Supreme Court

Deposed President Joseph Estrada said yesterday that he would file today a motion for reconsideration of the Supreme Court’s 13-0 decision that considered him resigned and upheld the legality of President Arroyo’s takeover of Malacañang.

Today is the last day for the filing of a motion for reconsideration of the decision promulgated last March 3.

Estrada’s announcement came as a surprise because many legal eagles have been saying that any motion for reconsideration of a 13-0 decision is an exercise in futility. They said that there never was an instance when the High Tribunal has reversed a decision arrived at unanimously.

It was not clear if it was Estrada himself or his lawyer who decided to file a motion for reconsideration.

Estrada was represented in the case by former Sen. Rene Saguisag. He did not say, however, who would be his legal counsel in filing a motion for reconsideration.

Estrada, who maintains that he was unjustly ousted, said that resigning had never crossed his mind as he questioned the SC’s interpretation of his acts after EDSA II.

He insisted that he left Malacañang only to prevent bloodshed between his followers and those of EDSA II. He said that he merely wanted to go on leave, with the intention of claiming it back after the situation calmed down.

He went to the Supreme Court to question the legality of Arroyo’s takeover shortly after the new administration said charges of plunder and corruption would be filed against him. Former Executive Secretary Ronaldo Zamora said that if Estrada is recognized as the incumbent president, then he would enjoy executive immunity and could not be charged in any court.

Estrada has been using the senatorial campaign as a forum to drum up support for his cause. He is invariably introduced in opposition rallies as "nag-iisa at tunay na presidente" (the only true president) of the country.

The disgraced leader said that the 300,000 persons who went to EDSA II could not possibly be superior to the 10 million votes he received in 1998.

He did not discount the possibility of an EDSA III if he would not get justice from the courts. He said after a rally in San Jose, Occidental Mindoro that he did not expect to get justice from the courts because of the alleged pressure being exerted by the Arroyo administration.