In her order to Philippine National Police chief Director General Leandro Mendoza, Associate Justice Minita Nazario, special division chairman, said the Estradas and Serapio should be brought to the anti-graft court at 2 p.m. on Monday.
"You (Mendoza) are hereby ordered to produce the bodies of (Joseph Ejercito) Estrada, Jinggoy and (Edward) Serapio to the special division of the Sandiganbayan on Monday," read the one-page order.
Lawyer Ma. Teresa Pabulayan, special division clerk of court, said the three were ordered to show up at Monday’s trial so the court could clarify if they are still waiving their rights to be present at the trial.
"The court will have to first clarify if they will waive their attendance," she said. "Considering that this is the very first day of hearing to be conducted by the special division, the attendance of the accused was required by the court."
Lawyer Renato Bocar, Sandiganbayan legal division chief and special division spokesman, said the plunder trial of the Estradas and Serapio may be held three times a week every morning, along with the two perjury cases, the illegal use of alias, and the graft case.
Bocar said House Majority Leader Neptali Gonzales II and other parties questioning the constitutionality of the special division can file a case before the Supreme Court so the matter could be resolved.
"They should question the wisdom and validity of the order of the Supreme Court in the Supreme Court, which created the special division," he said.
"It must be before the SC itself, not here in Sandiganbayan. We have to presume the validity and constitutionality of the creation of the special division. Any question on it should be filed before the proper forum which is the Supreme Court."
Unless the Supreme Court issues a temporary restraining order, the special division will continue hearing the cases of the Estradas and Serapio, he added.
Bocar said Nazario and the two members of the special division – Associate Justices Edilberto Sandoval and Teresita Leonardo-de Castro – are still hearing cases in their mother divisions.
"The member justices of the special division were not yet relieved of their duties in their respective original divisions, unlike presiding Justice Francis Garchitorena, who was ordered by the Supreme Court to dedicate his time writing decisions of the first division," he said.
All the cases of Estrada will eventually be transferred to the special division, he added.
Meanwhile, former senator Rene Saguisag, one of Estrada’s lawyers, questioned yesterday the special division’s decision to cut short the cross examination of Willy Ng Ocier, vice president of Belle Corporation, and require prosecution witness Ma. Socorro Yolanda de Leon, a manager of the Bank of the Philippine Islands, to testify on Monday.
"This seems unprocedural, to use an expression, to say the least," he said. "A witness is on the stand. What is the reason for cutting short his testimony?"
The special division should first make clear its stand on the various unresolved issues pending in the third division, he added.