In its resolution released before noon yesterday, Special Division Chairwoman Justice Teresita Leonardo de Castro and Associate Justices Francisco Villaruz Jr. and Diosdado Peralta rejected Estrada’s request and instead required the lawyers of the former president "to seek prior permission from the Honorable Supreme Court for the said accused to attend the oral arguments relative to the issue on people’s initiative at the said Court."
Estrada was saddened by the decision of the Sandiganbayan justices and said that he was ready to leave his resthouse in Tanay, Rizal, where he is being detained despite a fever.
Estrada argued that there was no need for his lawyers to seek an order from the SC specifically directing him to attend the oral arguments, citing the High Court’s acceptance of his motion for intervention.
In a statement, Estrada said he was scheduled to speak first among other intervenors at the start of the oral arguments at 1 p.m. yesterday.
Estrada instead asked his lawyer, former immigration commissioner Rufus Rodriguez, to read his written argument against the people’s initiative and his objection to the proposed amendment to the Constitution that seeks to change the form of government from presidential to a parliamentary system.
Rodriguez said he was surprised by the Sandiganbayan’s decision. He said there was no need to ask the permission of the Supreme Court since the SC had already granted Estrada’s petition to intervene in the oral arguments.
"By granting intervention, he (Estrada) should be attending and actively participating. That is his right as a petitioner," said Rodriguez.
Meanwhile, Estrada also appealed to the SC justices to deny outright the petition of the Sigaw ng Bayan coalition and the Union of Local Authorities of the Philippines (ULAP).
Estrada said he was making the appeal despite a lot of misgivings to the SC that "unconstitutionally removed" him from the presidency in 2001 and installed then Vice President Gloria Macapagal-Arroyo to power.
"But I continue to hope that, despite past mistakes, the Court will finally find the courage to reject what is patently wrong and unacceptable, affirm what is right and just and give to our people that which is their due," Estrada said.
Estrada said the people’s initiative to amend the Constitution is actually a "Gloria Macapagal-Arroyo initiative."
He said Mrs. Arroyo is pushing for Charter change to advance her own political and personal interests.
Estrada claimed that the real agenda of the people’s initiative is to "undertake a nearly total revision of the Constitution, by abolishing the Senate, and collapsing the entire Congress into a rubber-stamp interim parliament, headed by a powerless prime minister under the pleasure of Mrs. Arroyo, who will have control over the executive and legislative departments until June 30, 2010, despite the fact that she did not win the 2004 elections, and a growing majority of our people wants her out."
"We cannot allow this scandalous and outrageous attempt to resurrect the discredited, bogus parliamentary structure under martial law, this time under a dictator-president who never had the benefit of a real popular mandate."
"We cannot allow this brazen attempt to destroy the Constitution itself. We cannot allow this wicked attempt to make us Filipinos the laughing stock of all the peoples of the world," Estrada said.
Estrada expressed hopes that the SC justices will be enlightened and that they would "not commit the error that could provoke our people to take the road and the option which they have until now managed to avoid."