"We will not just take statements like this sitting down. You should be more circumspect in your statements so as not to undermine the confidence of the people in an institution called the judiciary," Justice Francisco Villaruz, one of the division’s three magistrates, warned.
Justice Teresita Leonardo-de Castro, who heads the division, reminded Saguisag that it was the Sandiganbayan that recommended the Supreme Court form a special division to try Estrada’s case.
"We can respect your opinion but we will seriously object to your ascribing evil motives to the creation of the special division. If we did not initiate it, the SC would not have acted on it," she said, adding that Saguisag’s accusation that the division was "programmed" to render a guilty verdict was unfair.
"It never entered our mind. We did not at all think we needed to convict the accused. That is opposed to our sworn duty. When this was created, there was no inkling on how the proceedings would go," De Castro maintained.
The Sandiganbayan saw the need for a special division because most of the justices in the anti-graft court were nearing retirement, she explained further.
"The justices foresaw that there would be changes in the composition. You know the circumstances. Because of the need to address the problem, the Sandiganbayan recommended it to the SC."
Saguisag remained unrepentant, however.
"I assume full responsibility, your honors. I have been saying and teaching this," he told the court. "I will try my best but I cannot commit, your honors. I will keep saying this without referring to anybody in particular. I will do what my conscience tells me. This is nothing personal."
Saguisag said he was aware that he could be disbarred for his statements but he viewed it as a "small price to pay" for his conviction. "I’m prepared for any consequences. It’s too late for me to change."
In June 2003, Saguisag filed an impeachment complaint against eight Supreme Court justices, including Chief Justice Hilario Davide Jr., accusing them of partisan politics and, in effect, legitimizing Estrada’s January 2001 ouster by joining the military-backed EDSA street protest that led to his removal.
His complaint was junked in November that year by the House of Representatives.