Estrada arraignment moved to May 31

The Sandiganbayan pushed back by two weeks yesterday the arraignment of former President Joseph Estrada on charges of perjury and the illegal use of an alias after prosecutors cited election-related security concerns.

Justice Narciso Nario of the anti-graft court’s fourth division decided after a hearing to grant a plea by the Philippine National Police (PNP) to reschedule Estrada’s court appearance for the perjury case from today to May 31.

The arraignment for the other charge was reset from May 18 to June 15. The deposed leader faces another arraignment on June 27 for the separate and more se- rious charge of plunder, a capital offense punishable by death.

Deputy Special Prosecutor Robert Callos filed the five-page motion, which cited police intelligence reports of possible massing up of Estrada loyalists at the Sandiganbayan if the former president is arraigned today.

"Given the situation, the PNP may not be able to provide enough security to the Sandiganbayan," Callos said.

PNP intelligence director Hercules Cataluña said supporters of Estrada could exploit the passions generated by the May 14 congressional and local elections to kick up new street protests, stretching police who are already on vote count security duties.

Estrada’s lawyers, led by former Sen. Rene Saguisag, themselves sought a deferment of the proceedings, but their request for a June 27 arraignment was rejected by the Sandiganbayan.

The original date would have come three days after the election of 13 Senate seats being contested by Estrada’s political allies and his wife former First Lady Luisa Ejercito.

With exit polls predicting the administration party would grab eight of the slots at stake, Cataluña said "the timing of the arraignment presents some concerns for the police."

"The electoral proceedings will not have been completed by May 17," he said. "It is possible that the arraignment could be used to instigate further protests to center on issues of alleged cheating and irregularities in this year’s polls."

Estrada’s jailing on corruption-related charges sparked a massive protest at the EDSA Shrine last month, culminating in the storming of Malacañang Palace on Labor Day by some 20,000 of his supporters.

Cataluña also reminded the court that a large percentage of the police force are still committed to election duties as the counting of ballots is still going on.

However, Sandiganbayan Justice Rodolfo Palattao said the court "cannot be dictated by security problems."

"Postponing an arraignment because of a police intelligent report sets a bad precedent," Palattao said.

Without agreeing to the security concerns, the anti-graft court decided to move back the arraignment on the perjury charge, citing several pending motions by both the prosecution and the defense.

Estrada stands accused of misdeclaring the actual extent of his assets in his Statement of Assets and Liabilities (SAL), which all government officials are required to fill out every year.

State prosecutors said while Estrada declared assets of about P35.8 million in his 1999 SAL, they have gathered evidence to show that he amassed a personal fortune of at least P10 billion during his 30 months in office.

Prosecutors have also accused Estrada of using an alias to open secret bank accounts where he supposedly stashed his wealth.

In a related development, the militant party-list group Bayan Muna asked the Arroyo administration yesterday to send Estrada and his son Jinggoy back to their cell at Fort Sto. Domingo in Sta. Rosa, Laguna.

"The Estradas are not sick," Bayan Muna president Satur Ocampo said. "We don’t see any reason why they should be brought to a hospital just to cast their votes while other detainees with even lesser crimes are denied their right to vote."

Father and son were airlifted to the Veterans Memorial Medical Center in Quezon City Saturday after both fell sick while under detention in their bungalow-type jail at Fort Sto. Domingo. The Sandiganbayan ruled earlier that the two should be allowed to cast their votes in the precincts where they were registered in compliance with the law.

The Estradas, who doctors said may have been merely under the weather, might have to stay a few more days at the hospital for additional testing. – With Romel Bagares, Jose Rodel Clapano