Resthouse arrest for Estrada

Detained former President Joseph Estrada scored a pair of legal victories at the Sandiganbayan yesterday.

Just hours after ruling that Estrada cannot be prosecuted for using the alias "Jose Velarde" to open a bank account, the anti-graft court granted his request for a "transfer of detention" — meaning his request to be detained in his resthouse in Tanay, Rizal.

In a 19-page resolution, Justices Minita Chico-Nazario, Edilberto Sandoval and Teresita Leonardo-de Castro acquitted Estrada of the charge that he illegally used the alias Jose Velarde to open an Equitable PCI Bank account in February 2000.

The anti-graft court said that the use of an alias was permitted by bank practice before the passage of Republic Act (RA) 9160, or the Anti-Money Laundering Law, in October 2001.

"A reasonable scrutiny of the laws as applied to the present case has indubitably led this court to conclude that the use of an alias within the context of a bank transaction is protected by the secrecy provisions of RA 1405, until the passage into law of RA 9160," the ruling read.

The court added that Estrada was under "no obligation to disclose his identity" when he opened the numbered trust account in 2000.

State Prosecutor Dennis Villa Ignacio played down the legal setback. He described Estrada’s acquittal as "insignificant" since a conviction on the charge would have been punished by a one-month jail term, already "duly served" by Estrada’s detention. Estrada has been detained since April 2001.

He still faces charges of plunder, a crime punishable by death, and perjury.

Estrada was impeached in late 2000 on accusations that he had, among other charges,, received kickbacks for tolerating the popular but illegal numbers game called jueteng.

The most dramatic moment in the Senate trial was the testimony of Equitable PCI Bank executive Clarissa Ocampo that she saw Estrada sign as "Jose Velarde" to authorize a loan.

The failure of the impeachment led to Estrada’s overthrow in a military-backed uprising in January 2001.

Estrada’s "custodial arrangement" at the Army’s Camp Capinpin in Tanay, Rizal, was the subject of the other favorable ruling.

In another 19-page decision, the Sandiganbayan approved Estrada’s transfer from Camp Capinpin to his 16-hectare villa just across the Army facility.

In approving the transfer, the court acknowledged Estrada’s status as a former head of state.

"The case is unique. He is a former president whose continuing political clout this court takes judicial notice of," the court said. "There is no hard and fast rule when it comes to custodial arrangement of detention prisoners as opposed to convicted prisoners."

But the resolution, which did not pass unanimously, also imposed seven conditions that Estrada must observe for the transfer not to be revoked.

Among the conditions was that Estrada should "surrender the control and supervision" of his villa to the Philippine National Police.

Estrada’s movements were also restricted to the resthouse itself, the pavilion and chapel.

The court also granted Estrada’s request to undergo physical therapy sessions thrice a week.

"The equipment can be set up in the pavilion, which is more or less 50 meters away from the resthouse," it said.

In a telephone interview with The STAR, Estrada denied that his transfer would amount to a "house arrest," an arrangement whose legal status was questioned by some experts.

"It’s just a transfer of my detention," he said.

Estrada also denied that the ruling was an act of political accommodation by President Arroyo.

"Of course not! In fact, this is very much delayed already," he said. "It’s about time."

Estrada’s trial at the Sandiganbayan has been dragging for more than three years.

The slow pace of the trial has not been helped by the insistence of the defense on raising technical issues before the court after the prosecution rested its case in April 2003.

But a new phase in the trial may soon begin with the declaration of the defense yesterday that it is "ready" to present five senators and three former members of Estrada’s Cabinet as witnesses.

Estrada’s trial on his remaining plunder and perjury charges is set to resume on Aug. 16. — With AFP