Presiding Justice Minita Chico Nazario, who also heads the special division hearing the suit, said the request is "denied" in view of the April 2002 agreement made by both parties to hold a two-day hearing every week, but which is equivalent to a three-day trial.
"It was already agreed upon in April 2002 that we hold trial twice a week. And that is actually being observed," she told chief special prosecutor Dennis Villa Ignacio in open court, referring to the hearings held every Monday and Wednesday.
Defense lawyer Prospero Crescini said the request should not be granted because the agreement between prosecutors and the court-appointed lawyers is that trials are held twice "but with longer hours," which is "equivalent" to three days of trial.
Retired Justice Manuel Pamaran, for his part, countered the government lawyers "cannot just change the rules of the game" mid-stream, when they had actually enjoyed the two-day trial observed by all parties when they presented evidence against their client.
"It will deprive us of the time that we need to study the case and prepare for the hearing. We also need time to prepare (for our defense)," the lead counsel for the deposed president told Justices Nazario, Edilberto Sandoval and Teresita Leonardo-de Castro.
Villa Ignacio said it was not too much for them to ask for another day of trial because it has already been more than a year since the case started, and considering that they are about to rest their case, their opponents are expected to have prepared their defense strategy by now.
"After more than a year (of holding the trial), I think the defense has prepared its evidence being seasoned and experienced defense lawyers," he stressed. Villa Ignacio also invoked the Speedy Trial Act, which encourages trial courts to dispose of cases the soonest.
He had earlier manifested before the court that they wanted the trial to move faster, owing to the fact that Estrada is charged with a "non-bailable offense" and that it carries a maximum penalty of death, should he be found guilty.