Trial of Estrada should follow a normal course - ROSES AND THORNS by Alejandro R. Roces

Poor Ombudsman Aniano Desierto. He is being pressured as to what to do about when to file the criminal cases against deposed President Estrada with the Sandiganbayan. In their unanimous decision confirming the deposition of Joseph Estrada from the presidency, the justices asked the Ombudsman to act fairly in his investigation of the case against the ousted president. In the epilogue of their decision, the judges stressed that the duty of a prosecutor is "more to do justice and less to prosecute." They also asked the Ombudsman to ensure that the investigation be in a "circus-free atmosphere."

"It is the sacred duty of the Ombudsman to balance the right of the State to prosecute the guilty and the right of an accused to a fair investigation and trial which has been categorized as the most fundamental of all freedoms," the Supreme Court’s message said in part.

At the same time, Senatorial candidate Joker Arroyo is asking Ombudsman Desierto to file the case against deposed President Estrada immediately. Arroyo said that the House prosecutors of the aborted impeachment trial already had all the evidence needed to file the case. There is no need to gather more evidence. All the Ombudsman has to do is weigh the evidence that has been turned over to him.

We don’t think that Ombudsman Desierto can file the case immediately. To the best of our knowledge, the Rules of Court stipulate that even a Supreme Court decision does not become final and executory till 15 days after the verdict. And, the accused can ask for a reconsideration. We are certain that Estrada’s lawyer will seek such a reconsideration. So the Ombudsman will simply have to see how the Supreme Court will act on the request for reconsideration. That will be Estrada’s last opportunity to delay his arrest. And we believe that is ample time for the Ombudsman to study all the evidence that has been forwarded to his office after the premature-ending of the impeachment trial.

We don’t see any signs of a circus atmosphere in the coming Estrada trial and we don’t see any danger that Estrada case will be railroaded. We are sure that everything will be decided according to the evidence presented and according to law. The case should not be filed prematurely. But it should not be delayed either. That is the fairest way.