In a one-page order, the special division ordered the Philippine National Police to "escort" the jailed leader from his hospital suite in the Veterans Memorial Medical Center to the anti-graft court to attend the 8:30 a.m. hearing.
"PNP Director General Hermogenes Ebdane is ordered to produce ... Estrada before the court on July 11 to attend the hearing of his motion for reconsideration," Justices Minita Chico-Nazario, Edilberto Sandoval and Teresita Leonardo-de Castro stated in their order.
Alan Paguia, Estrada’s counsel, has asked the trial court to reverse its July 2 ruling that thumbed down their request to throw out the plunder, illegal use of Jose Velarde alias and perjury charges, following the Supreme Court’s decision to uphold the legality of former Vice President Gloria Arroyo’s accession to the presidency.
The Sandiganbayan held that it cannot go against the ruling of the highest court of the land, which decided with finality that Estrada was legitimately ousted from power. This means that the former actor can no longer invoke his immunity from suite since he is no longer a sitting president.
The court ruled that it cannot reverse the twin rulings of the SC since it is just an inferior court whose power is derived from the highest court of the land. "For this court, a lower court, to invalidate a final and executory decision of the highest court of the land would be a rank absurdity."
"The very fabric of ordered society rises and falls on the certainty that we are a government of laws and not of men. And there is only one SC from whose decisions all other courts take their bearings. Estrada’s assertions would, indeed, be so abhorrent to the guaranty of stability in the law, in particular and in the state, in general."
Paguia had wanted the magistrates to delve on the issue of whether the justices lost their impartiality when they joined and swore in Mrs. Arroyo as president at the height of the military-backed uprising known as EDSA II.
He explained this question should not be left unanswered because this is the basis of his motion.
In a first-ever resolution written in Filipino, Paguia said the Sandiganbayan’s silence on the issue was "deafening" especially since that legal point –impartiality of Chief Justice Hilario Davide and other justices at EDSA II –was Estrada’s lone defense.
Paguia said he decided to write his pleading in Filipino so that he can easily send the message across to the masses who overwhelmingly voted Estrada into office in May 1998.