Only death can stop me — Badoy

Brushing aside criticisms of his job performance, embattled Sandiganbayan Associate Justice Anacleto Badoy Jr. vowed yesterday to remain as chairman of the anti-graft court’s third division and pursue the trial of jailed former President Joseph Estrada for plunder.

"If this is the last tribute I can give to my God and my country, then I shall be happy to die that way," Badoy said.

He stressed that "only death can stop me from being there... from sitting as judge" in the case — the first time a former president is being tried in court.

Under Philippine laws, plunder is a non-bailable offense punishable by death.

The case stemmed from allegations that Estrada illegally amassed an estimated P54 billion during his 30 months in office.

Estrada allegedly amassed the wealth by accepting kickbacks from illegal gambling operations, skimming off state funds and profiting from insider trading at the stock exchange.

At a press conference he called on Sunday at a parish church in Fort Bonifacio in Makati City, Badoy divulged that Sandiganbayan Presiding Justice Francis Garchitorena tried to pressure him into giving up his post as chairman of the third division handling the plunder charge against Estrada, his son Jinggoy Estrada, and seven of his alleged cronies and allies.

Badoy, a grandfatherly figure who uses a hearing aid and is fond of quoting religious passages, had earlier rejected petitions by the Estrada camp for him to give up the case.

He told local television that Garchitorena summoned the three justices of his division to the Presiding Justice’s office on June 5 where "Garchitorena himself personally pressured me to resign."

"He did not say so in black and white, but it was unmistakable. I was not stupid not to understand," Badoy said.

"As far as I can see, he was trying to enlist the support of the justices, and as far as I can see, they were not biting," he added.

Badoy did not say what triggered their quarrel, adding Supreme Court (SC) rules prevented him from discussing it in public.

Garchitorena has denied Badoy’s allegations, saying it was another member of Badoy’s division who made the suggestion.

Estrada wants to fly to US, but Ani is poised to stop him

Estrada said his lawyers were set to ask the Sandiganbayan to grant him a leave of absence to be able to go to the United States to seek medical attention for a growing pain in the knees and worsening vision.

However, Ombudsman Aniano Desierto vowed to stand in his way, saying the former leader’s ailment is "not life-threatening" and could be treated locally.

Estrada also appealed to the court to forgo with his attendance at the hearings. "I want to appeal to Justice Badoy not to compel me to attend every hearing because I was already arraigned (and I have) signed my waiver of appearance. Any reference to me by any witness will be accepted so what I’m worried about is the government spending P1.3 million everytime I come here because of the heavy security."

He said given the present economic difficulties confronting the country, Badoy could still make good news by not allowing him to attend the hearings and save money for the government.

"I am having difficulties walking, sitting. That is why I am wondering why the justices are requiring me to attend (the hearings) when I don’t do anything here," Estrada said.

He expressed belief that the justices wanted him in the courtroom just to gain publicity mileage "because if I am not around, neither will media."

While he acknowledged that his ailments could be treated locally, he said his eye doctor from Boston could not come here because of a travel advisory issued by the US Embassy in Manila warning Americans from coming to the Philippines.

Yesterday’s resumption of the hearing was largely spent on discussions on technical matters, with defense counsels telling the court that they could not possibly afford attending hearings three times a week as set by Badoy.

The prosecution is set to put former Social Security System chairman Carlos Arellano on the witness stand tomorrow for direct examination. — Jose Rodel Clapano