Erap release talks premature — Palace

Malacañang officials are speaking in discordant voices over proposals to release on recognizance former President Joseph Estrada, who is facing plunder charges.

After presidential chief of staff Michael Defensor said President Arroyo supported moves to release Estrada, Press Secretary Ignacio Bunye said yesterday any such talk was premature.

Chief Presidential Legal Counsel Sergio Apostol also opposed the idea of releasing Estrada on recognizance, saying this type of release is only for minor offenses. Justice Secretary Raul Gonzalez is against it while National Security Adviser Norberto Gonzales is for it.

Releasing a person upon recognizance, or on the strength of the word of an eminent person, is allowed upon a petition before the court.

Apostol said the hands of the executive department are tied as far as the issue is concerned because Estrada is facing the non-bailable offense of plunder.

"It was unfortunate that his petition for bail was denied, that (recognizance) was the recourse available to him," he said.

"As of now, I don’t see how he can be released even temporarily as what Defensor is suggesting," he said.

Apostol said it would be good for Estrada if acquitted from the plunder case, or convicted for a lesser offense, where he could again file a petition for bail pending appeal.

"All he can do now is wait and hope that his new petition for bail, while waiting for the decision on the case, is granted by the Sandiganbayan," Apostol said.

Apostol added a presidential pardon for Estrada could only come once the former president is convicted.

"I can see no executive action possible because it is now with the courts. We just have to wait awhile," he said.

Estrada is currently detained at his resthouse in Tanay, Rizal awaiting the verdict on the plunder case filed against him before the Sandiganbayan.

Bunye also stressed the issue of releasing Estrada on recognizance should be for the Sandiganbayan to decide.

Defensor had argued the deposed leader should be released for the sake of national reconciliation.

The country’s top security official also agreed to the proposal to release Estrada under recognizance.

According to National Security Adviser Norberto Gonzales, the former president can no longer be considered a national security threat.

"I do not consider (former) President Estrada a threat to national security. Maybe he is a big political challenge in the coming political exercise," he said.

Gonzales said Mrs. Arroyo is sympathetic to Estrada’s condition and supported all moves to allow the former leader some furlough.

"I’m sure if there’s anything within the law that can be done to ease the suffering of the former president, the President will agree. Always for humanitarian reasons," Gonzales said.

Gonzales, however, advised Estrada not to get involved in destabilization attempts. "It will not do him any good," he said.

For his part, Justice Secretary Raul Gonzalez said releasing Estrada for recognizance would work against the administration.

"Erap has an insatiable thirst for power and he will do anything to go back to power," Gonzalez said.

He said Estrada’s supporters would always take any opportunity to install the former president to power.

"They are all there. They are always part of any attempt to destabilize the government. Their funds are everywhere," Gonzalez said.

Anakpawis Rep. Crispin Beltran, however, claimed Malacañang has an ulterior motive in supporting the temporary release of Estrada, particularly as the May 14 polls are drawing near.

"The timing is highly suspect. No one should fall for this trap. This is bait no one should bite, much less Estrada and members of the opposition. Malacañang is up to something and we bet it has something to do with the elections," Beltran said.

Rep. Teddy Casiño of Bayan Muna also called the proposal of Defensor to release Estrada under recognizance as "pure grandstanding and smacks of hypocrisy and crass electioneering."

"All Defensor is after are the votes of Erap’s supporters. He knows his opinion doesn’t matter because the issue is purely for the courts to decide," Casiño said.

Administration lawmakers also warned against premature talks on releasing Estrada under recognizance saying it could be taken as an affront to the Sandiganbayan.

"Defensor’s statements, the latest of which says President Arroyo supports Erap’s release, may be taken as pressure on the court or even meddling in the judicial process," Cebu City Rep. Antonio Cuenco said.

"Let’s await the completion of the judicial process and let’s all respect the verdict of the court. It’s too early to talk about his freedom even by way of recognizance," he said.

Antique Rep. Exequiel Javier also said the proposed release in recognizance is not applicable to Estrada since the former leader is facing the non-bailable offense of plunder.

"The prosecution has presented loads of evidence against Estrada, which are being studied by the court," he said.

Javier said Estrada’s case should not be subject to any political compromise.

Although noting the administration’s agenda of national reconciliation, Javier said this does not mean having a political compromise with the opposition who have pending cases in court.

"We are always open to reconciliation with Erap but this does not mean disregarding his plunder case because the case is a matter that falls under the jurisdiction of the court," he reiterated.

But a ranking Church leader said talks on releasing Estrada on recognizance are "a good sign" of a possible reconciliation between Mrs. Arroyo and the opposition, which could result in credible elections this year.

"If it is a real reconciliation, it will be for the good of the country. This reconciliation is really necessary. We just hope these efforts would continue and are not just for show," Bishop Deogracia Iniguez said.

He said any reconciliation effort does not involve any proper timing. "What’s important is that it is true and sincere." - with Delon Porcalla, Edu Punay, Paolo Romero, Antonieta Lopez