Estrada’s arrest deferred

Not yet.

As thousands of Joseph Estrada’s supporters barricaded the entrance to his posh subdivision in San Juan to prevent his arrest, the deposed president remained a free man yesterday.

The Sandiganbayan deferred Estrada’s arrest, expected yesterday, because the anti-graft court’s third division headed by Justice Anacleto Badoy needed more time to determine probable cause to issue an arrest warrant.

"I was authorized by the third division to issue this statement: The third division has not determined yet whether there is probable cause to order the arrest of Estrada," said Sandiganbayan Presiding Justice Francis Garchitorena.

Estrada asked the Sandiganbayan yesterday to delay his arrest for 10 days so he could appeal the matter to the Supreme Court should the third division find probable cause.

The appeal was contained in motions to remand the plunder case for reinvestigation to the Ombudsman. Estrada argued that the case was hastily filed without giving him and his co-accused the chance to answer the charge.

"According to jurisprudence, once there is determination of probable cause, it is mandatory for the court to issue the arrest warrant," Garchitorena said.

He ruled out anew the detention of Estrada at the Sandiganbayan detention center should the third division find probable cause.

"For sure, he will not be jailed here," Garchitorena said, refusing to speculate on where Estrada would be committed by the third division.

"Whatever treatment is going to be accorded to the accused after the issuance of the arrest warrant will be contained in the resolution to be issued by the third (division)," he added.

Estrada, deposed in a popular revolt in January, is accused of taking advantage of his position and influence to amass between P10 billion and P15 billion in illegal wealth through a series of criminal acts.

Estrada’s co-accused are his son San Juan Mayor Jinggoy Estrada, his buddy Charlie "Atong Ang, his lawyer Edward Serapio, Yolanda Ricaforte, Alma Alfaro, Eleuterio Tan and two unidentified man and woman.

Government prosecutors had expected the court to issue warrants of arrest yesterday but Garchitorena said only the third division would determine if or when it would issue the warrants.

Estrada and Jinggoy filed separate motions with the Sandiganbayan to dismiss the case against them "should the court find no evidence of probable cause," court officials said.

The motions were filed by lawyers Pacifico Agabin for the former president and Jose Flaminiano for Jinggoy.

Father and son asked that should the court decide against them, "that the issuance of warrant of arrest be held in abeyance and the accused be given the period of 10 days within which to file a corresponding petition with the Supreme Court."

Estrada cries foul

At the same time, Estrada in a statement cried foul over what he described as "administration moves to railroad the issuance of an arrest warrant against him."

"I deplore this systematic and blatant violation of my rights to due process," Estrada said in the statement.

"I will fight this travesty of justice," he added.

Estrada said the Arroyo administration appears determined to put him in prison, even if the charges against him were investigated with "haste and impunity" by the Ombudsman.

"This is being done to ensure my incarceration even if the processes for the investigation of the charges against me are effected without due process," he said. The pro-Estrada coalition Puwersa ng Masa-Lakas ng Demokratikong Pilipino, on the other hand, said the government’s "confusing" stand over the impending arrest of Estrada is an "underhanded tactic to stop him from participating actively" in the final stretch to the May 14 congressional and local elections.

"This is clear harassment from the administration who knows that Estrada has been effectively campaigning for the opposition candidates. Anywhere he went, Mr. Estrada has been enthusiastically welcomed by the people," the coalition said.

The coalition in a statement also questioned the elaborate preparations including the "war-like deployment of soldiers, for the arrest of Estrada ‘any time now.’"

The opposition said there was "no need for all these arrest scenarios because Estrada has reiterated many times that he is going to answer all the charges against him, saying he wants his day in court to defend himself."

The coalition said a police contingency plan "gives the impression that the country is in a war footing."

Meanwhile, at least 3,000 Estrada loyalists blocked all entrances leading to his house in posh North Greenhills in San Juan.

"We have blocked the way to Buchanan gate to prevent the Sandiganbayan and the police from arresting our president. We are expecting more Estrada supporters from the provinces to join us and we will not leave until he is restored to power," said Fernando Bonifacio of Samahang Erap Movement.

San Juan police official Superintendent Eduardo Lorenzo noted that the crowd of Estrada loyalists increased sizably yesterday and estimated the crowd at Buchanan gate at around 2,000 while another 1,000 were positioned at Madison gate.

Lorenzo said the crowd estimate around Estrada’s residence numbered only around 300 to 1,000 in previous days but swelled yesterday and on Estrada’s birthday on April 19.

"We have been monitoring the area since they set up camp since Holy Thursday and it has been generally peaceful. We have maintained a police mobile in each gate to monitor their activities and to enhance police visibility to prevent violence," Lorenzo said.

But the prospect of violence appear to being more real as Estrada loyalist start to accost even newsmen they think to be unfair to Estrada.

A group of loyalists prevented broadcast journalist Mariton Pacheco of the ABS-CBN television network from airing a live report on the disturbance at Greenhills, claiming the network had been unfair to Estrada.

Estrada loyalists also gathered around the Sandiganbayan building along Commonwealth Avenue in Quezon City to prevent the court’s sheriff to serve the arrest order on Estrada.

The group said they are the first phalanx of Erap loyalists who will physically prevent the serving of the warrants.

Even Estrada lawyer Raymund Fortun admitted that the Estrada camp could not control the crowd around Estrada’s residence.

"We can control our own destiny but not those of other people," Fortun said. - With reports from Efren Danao, Non Alquitran, Nestor Etolle, Perseus Echeminada, Edith Regalado, Sandy Araneta