Stressing that the judiciary should be shielded from politics at all times, the Sandiganbayan denied for the second time yesterday the request that deposed President Joseph Estrada be transferred from hospital detention in Quezon City to house arrest in his posh San Juan residence.
"Indeed the role of judges is to stand apart from the rest of the community to avoid being identified with any of the forces that contend for place and power," the Sandiganbayan special division said as it shot down defense lawyers’ plea seeking to grant Estrada house arrest "in the interest of national reconciliation."
In supporting its decision, the three-man division quoted an American jurist: "Good judges are those who discharge their duties in accordance with law, who are permitted to perform the duties of the office undeterred by outside influences, and who are independent and self-respecting human units, in a judicial system equal and coordinate to the two other departments of government."
Justices Minita Chico-Nazario, Teresita Leonardo-de Castro and Edilberto Sandoval said they have no choice but to apply the law, because there would be no basis for them to grant the petition for house arrest.
"As an institution which functions to apply the law, it cannot but follow the rule of equality before the law even if it would seem to disadvantage movant (Estrada)," they ruled, adding that the clamor for the former president’s house arrest cannot be taken into consideration because it is a "disputable assertion."
"Even if true, this court is not the proper institution for transmitting and releasing political or social tension," the Sandiganbayan said. It also said the arguments raised before it should not be based on "extra-legal considerations."
"As things stand, however, there is no law classifying former presidents as sui generis (a class of their own) and entitling them to detention time in the comfort and confines of their very homes," the anti-graft court said. "This court is constrained to apply the existing classification."
The Sandiganbayan upheld its June 2001 decision denying Estrada house arrest, which prosecutors said would be "tantamount to granting bail."
Defense lawyers said the Sandiganbayan can grant house arrest because the graft court has the power to modify court rules.
Estrada is on trial for the capital offense of plunder, due to the juetengate scandal that led to his impeachment, ouster and arrest.
"At present, there is no law or case authorizing a court of justice to grant house arrest to a detention prisoner accused of a capital offense, who, incidentally, has not sought bail," the Sandiganbayan said.
Meanwhile, Estrada’s court-appointed lawyers said they were not informed by their client whether they would continue to defend him.
Former Sandiganbayan presiding justice Manuel Pamaran, who now represents Estrada, said they have received no information on the matter.
"We were not informed yet," Pamaran said. "Let’s see if they can do better," he replied jokingly when asked whether Estrada’s former lawyers, brothers Sigfrid and Raymond Fortun and former Supreme Court justice and Justice Secretary Serafin Cuevas will again take on the Estrada plunder case.
Another court-appointed lawyer for the defense, Prospero Crescini, conceded earlier that they were having difficulty providing a line-up of defense witnesses because the list is still in the possession of Estrada’s former defense lawyers.
Fortun said they have over 80 witnesses and Crescini said he intends to reconvene his legal team for Estrada’s defense. He ultimately aims to see Estrada exonerated.