High Court rejects Estrada petition

The Philippine Supreme Court yesterday rejected with finality an appeal from former president Joseph Estrada seeking to declare the capital offence of plunder, a law used against him, as unconstitutional.

The High Court's decision, in effect, douses apprehensions by government prosecutors that the ongoing trials of Estrada and his son Jinggoy would be interrupted by an adverse decision by the Supreme Court.

"This comes as a relief to us," chief government prosecutor ombudsman Aniano Desierto told reporters. He said there are now no possible legal bars to prevent the continuation of court proceedings on Estrada.

Estrada is undergoing trial by a special tribunal on the charge of plunder in connection with allegations that he used public funds to invest in shady deals where he earned hefty kickbacks amounting to hundreds of millions of pesos.

Aside from the shady business deals, Estrada is also being accused – under the plunder offence filed against him – of diverting a P275 million ($5.3 million) provincial development fund in September 1998 and taking millions of pesos monthly from illegal lottery operators during his presidency.

Plunder is an offence punishable by death. Estrada lawyers in August last year questioned its constitutionality saying that the various accusations that fall under the plunder charge are covered by specific laws against corruption. However, the defence petition was turned down in November and was again filed for reconsideration.

In its decision on Tuesday, the Supreme Court said it found nothing in Estrada's motion for reconsideration that would compel the high tribunal to change its earlier decision on the case.

Meanwhile, Estrada lawyers yesterday filed another petition, this time at the special court under the anti-graft tribunal Sandiganbayan, seeking to excuse Estrada and his son Jinggoy from attending trials.

The defence panel said the Estradas should only appear at the hearings if and when the court would allow them to clear their names.

The lawyer's appeal cited the immense security preparations needed every time the Estradas have to attend hearings, which take place twice a week.