The anti-graft court wanted to speed up resolution of the case by conducting the trial at least thrice a week, but the defense panel maintained they cannot cope with the schedule because they had to attend to other cases.
The imbroglio developed after Associate Justice Minita Nazario, head of the special division, directed the defense lawyers to adjust their calendars as she announced that the hearings would be held thrice a week starting next week.
Defense lawyer Jose Flaminiano immediately manifested his objection, saying their calendars were already loaded with cases of other clients.
"We do not want to distract the speedy trial of this case, but if we cannot attend physically, the court must at least consider our plea," Flaminiano told the bench.
Nazario reminded the lawyers, however, that an agreement was reached earlier to speed up the trial by increasing the number of hearings per week.
The magistrate also impressed upon the defense lawyers that the court has bent backward to accommodate them, and that they all have to make personal sacrifices to help hasten the trial.
"We will start three days a week trial next week. We will all sacrifice, both parties should sacrifice. We were also attending to other cases that we are handling in our respective divisions. That was the agreement last time, and we all agreed for three days a week. We met halfway. We have already given you a leeway," Nazario argued.
He pointed out that both the defense and prosecution panels have agreed to increase the frequency of the hearings after the special division took over the plunder case from the third division.
Former Justice Secretary Serafin Cuevas, also a member of the defense panel, asserted that his own understanding of the accord was that the hearings would be conducted only in the morning until their respective calendars have been adjusted.
Cuevas asked for a reconsideration of the court’s decision, indicating it was a tall order. "We are appealing (for) consideration of the court. This is too much."
Nazario brushed aside Cuevas’ plea. "No. We gave you at least one month until you can adjust with your schedules. It’s not only the morning trial, but for you to prepare for three days to daily trial."
Flaminiano stressed that increasing the frequency of the hearings to three days or five days a week would prevent them from putting up an effective defense of their client.
"This is a capital offense, your honor. Whatever diminishes the representation of the accused. The accused are fighting for their dignity and honor, and they are facing the death penalty. Three times a week trial will not give us a chance to effectively defend the accused," Flaminiano told the court.
He warned that if the court pushes through with its plan, they might be compelled to withdraw from the case.
"There might come a time that we will be physically exhausted if the trial will be held three days or daily. There will come a time that we will raise the (white) flag and withdraw," Flaminiano said.
But Nazario refused to be intimidated. "When we met, we made it clear that we cannot agree on what you want and what the prosecution panel would want. So we met halfway. Don’t mislead the public, Mr. Cuevas. Let’s not lose our cool. You were given enough time to talk during our meeting," she said.
For his part, Associate Justice Edilberto Sandoval, a member of the special division, invoked Republic Act 8493, also known as the Speedy Trial Act, which gives the court 90 days to resolve cases.
Meanwhile, the court expressed doubts on the claim by Estrada’s son and co-accused, former San Juan Mayor Jinggoy Estrada, that he was seriously ill and had to be transferred to the upscale Makati Medical Center (MMC).
Nazario directed Jinggoy’s personal physician, Dr. Lorenzo Hocson to submit within the week a comprehensive report on the real health status of his patient.
Hocson told the anti-graft court that he and Dr. Roberto Anastacio, Jinggoy’s cardiologist, decided to move the patient last week to the MMC after the younger Estrada complained of severe chest pains.
"I gave him pain killer which temporarily relieved him and after coordinating with Dr. Anastacio, we brought him to the Makati Medical Center last week," Hocson said.
He pointed out that the Veterans Memorial Medical Center has no equipment to monitor Jinggoy’s heart, making his transfer to the MMC imperative.
The physician also said Jinggoy’s aliments were caused by stress or mental depression due to unfavorable decisions by the Supreme Court (SC) and the Sandiganbayan regarding the corruption cases against the Estradas.
"There is a chance that he will have a heart attack, so I immediately called up Dr. Anastacio last week," Hocson added.
In another development, the High Tribunal denied the request of Estrada’s lawyers for the removal of Associate Justice Anacleto Badoy Jr. as chairman of the anti-graft court’s third division.
In a one-page resolution, the SC said the issue was already moot and academic since the court has already created a special division to handle all corruption cases against Estrada.
"This special division shall hear, try and decide with dispatch the plunder case and all related cases filed or which may hereafter be filed against Estrada, and those accused with him, until they are resolved, decided and terminated," the SC said.
The SC ordered the indefinite suspension of Badoy last Dec. 11 after the magistrate appeared on national television to explain how important documents got lost in his chamber.
The High Tribunal maintained that it was highly improper and unusual for a member of the judiciary to grant a television interview and discuss issues which could have been resolved internally. — Jose Rodel Clapano, Delon Porcalla