Estrada’s lawyers argue about strategy

Joseph Estrada’s legal team was in turmoil yesterday after one of his lawyers resigned, accusing a colleague of pursuing a strategy he said would ensure that the deposed former Philippines leader got the death penalty.

Lawyer Prospero Crescini told the court handling Estrada’s corruption trial this week that he was withdrawing as defense counsel due to disagreements over strategy with another member of the team, Alan Paguia.

Estrada is certain to "face the death penalty" if the defense team followed Paguia’s lead, Crescini warned.

"The case would be immediately set for resolution and we might as well accompany him (Estrada) to Muntinlupa," Crescini told dzBB radio, referring to the national penitentiary.

Paguia has told the court his client would not present any evidence to win acquittal from charges that he plundered an 80 million-dollar fortune during his 30 months in office.

He contends the court has no jurisdiction over the case because Estrada was allegedly overthrown in an illegal, military-backed coup in January 2001.

Crescini is part of a group of lawyers appointed by the graft court to defend Estrada after he dismissed his own lawyers.

Estrada later hired Paguia, who is pursuing another strategy of trying to get the case thrown out for lack of jurisdiction.

Paguia said he respected Crescini’s decision, but that he could not allow the latter’s plan to start presenting evidence at the trial.

"Estrada engaged my services on one fundamental defense, the jurisdictional issue," he told the station.

"What they want is to present evidence if Estrada’s motion to dismiss is denied," Paguia said. "I have to stop him because if he starts doing that, he would have recognized the jurisdiction" of the court, thus undermining the latter’s legal strategy.

Estrada, 65, has been detained at a military hospital in suburban Manila while on trial for corruption, which is theoretically punishable by death.

Meanwhile, the scathing remark of the Sandiganbayan presiding justice that they are not stupid enough to reverse a Supreme Court decision declaring the legitimacy of the present administration was only logical, government prosecutors said yesterday.

In an eight-page comment, special prosecutor Dennis Villa Ignacio said the statement of Justice Minita Chico-Nazario, head of the three-member special division hearing the plunder case of Estrada, "should not be taken in its literal context." — AFP, Delon Porcalla