Estrada seeks to speed up trial

Former President Joseph Estrada’s defense counsels yesterday filed a motion asking the Sandiganbayan to modify a provision that set "a non-extendible period" for the submission of both the prosecution’s and defense’s memoranda.

In their 12-page "Motion to Modify Resolution Dated April 19, 2007," the defense panel led by lawyer Rene Saguisag said "30 days (from April 25) is inadequate" for them to submit the memorandum.

The Sandiganbayan Special Division resolution had the following aspects: the memorandum of the prosecution and the defense are to be submitted simultaneously; they are to be submitted within a non-extendible period of 30 days from April 25, 2007; and no reply memorandum is authorized to be filed by either the prosecution or the defense.

The accused, the defense panel said, seeks to modify the resolution insofar as it requires the filing of memoranda within a period of 30 days from the date mentioned as well as the provision that states that it does not allow the filing of reply memoranda.

In arguing that the 30-day period is inadequate, Estrada’s lawyers stressed "the responsibility of counsel in an adversarial system is weighty and critical. The absence of effective advocacy handicaps the rendition of a judgment in accord with the evidence and required by applicable law."

They added that "a lawyer should give adequate attention, care and time to his cases… Once he agrees to handle a case, he should undertake the task with dedication and care."

They emphasized that the case of Estrada, who is charged with plunder while serving as President of the Philippines, "is not just an ordinary proceeding."

An information was filed against Estrada after Jan. 20, 2001, when he was forced to vacate the presidency by a people power revolution and by then Vice President Gloria Macapagal Arroyo.

They also cited that the prosecution has presented 62 witnesses during the trial. It has presented more than a thousand documents, some consisting of several pages.

The accused presented 75 witnesses. About 500 documents, many consisting of several pages, were presented.

"The preparation and filing of memoranda would require the study of all the evidence. And as difficult, if not even more formidable, an analysis of how the evidence relates to the law (must be shown)," said the defense.

"A period of 30 days is inadequate to enable counsel of the accused to discharge their heavy burden of preparing and filing a memorandum which will assure that the prosecution’s case has been subjected to the ‘crucible of meaningful adversarial hearing’ so that ‘nothing is taken or withheld’ from their clients except in accordance with law and the Constitution," said Estrada’s counsels in their motion.

The defense also said that the "reply to each other’s memorandum is essential and vital" to the case.