Court-appointed lawyer Prospero Crescini disagreed with the strategy of Alan Paguia, one of Estrada’s private lawyers, to question the legality of Estrada’s 2001 ouster and not present evidence to rebut the plunder charges against the former film actor.
Crescini said Paguia’s strategy was "prejudicial and dangerous," likening it to a "lawyer who is escorting his client to the death chamber."
Theoretically, Estrada could get the death penalty if convicted.
Prosecutors accuse Estrada of amassing more than P4 billion during his 31-month rule and stashing the proceeds in a secret local bank account. Estrada denies the charges.
"Erap (Estrada’s nickname) has the opportunity to clear his name. This is what the public has long been waiting for. All of these chances to explain would be lost," Crescini told the anti-graft court in July when he asked permission to leave the case.
The Integrated Bar of the Philippines is expected to recommend a replacement for Crescini this week.
Prosecutors, meanwhile, have suggested that the court keep Crescini on the case until his replacement is ready to take over.
"Until then, when the replacement counsel is already well prepared and ready to take over, Crescini must continue to act and perform his duties as counsel for Estrada in order that no further delay may be occasioned by his relief as counsel," they proposed.
The prosecution rested its case on April 9 and the defense was originally scheduled to start make its rebuttal on June 2.
However, the trial was delayed several times mainly due to a motion from Paguia seeking a dismissal of the plunder charges against Estrada.
The trial is scheduled to resume on Sept. 22.
The Sandiganbayan rejected the motion, saying a lower court cannot directly or indirectly overturn a ruling made by the Supreme Court, the country’s highest tribunal.
Prosecutors dismissed the motion as a sham pleading meant to delay the trial, saying the defense does not have evidence to contest the charges.
Estrada said he would not present evidence to defend himself, maintaining he was illegally ousted from the presidency in 2001 and still has parliamentary immunity. Estrada said the Supreme Court erred when it swore in President Arroyo after declaring the presidency vacant during the January 2001 uprising that toppled him.
Estrada had asked Congress in June to impeach eight Supreme Court justices, including Chief Justice Hilario Davide Jr., for allegedly playing partisan politics to legalize his ouster.