Supreme court rejects Estrada plea

The Supreme Court yesterday rejected the second plea of deposed president Joseph Estrada who sought a reversal of the verdict of the 13 justices who had said he was no longer the president and had lost his immunity from prosecution.

In a one-page resolution, the 13 Supreme Court justices said: "No further pleadings will be entertained. Let entry of judgment be made in due course." It was signed by Clerk-of-Court Luzviminda Puno. For the third time, 13 justices had rejected Estrada's claim to the presidency since his stepping down on January 20.

Meanwhile, 15 jurists decided that the issue of the alleged railroading of the cases from the Ombudsman's office (preliminary court) to the Sandiganbayan anti-graft court, should be addressed to the Sandiganbayan.

"Considering the allegations, issues and arguments adduced in the petition, the Court resolved to dismiss the petition, without prejudice to the filing by Estrada of an appropriate motion invoking the same grounds before the Sandiganbayan," the justices said.

It was in response to the plea filed by Estrada's lawyers Pacifico Agabin and Cleofe Verzola who asked the Supreme court to nullify the plunder charge and one graft case against Estrada.

The two lawyers also asked the High Court to request a temporary restraining order (TRO) on the Sandibanbayan, a court that handles cases of allegedly erring government officials. Ombudsman Aniano Desierto filed the charges at the Sandiganbayan on April 4, a day after the SC rejected Estrada's appeal .

Estrada's lawyers reacted to the alleged "railroading" of Estrada's indictment after the Supreme Court issued a final ruling for the second time, that he was no longer president.

The justices held a special session on Monday to arrive at the much-awaited resolution before the Holy Week proper from Thursday until Sunday. Estrada's lawyers had sought an exemption, after the court said earlier it would no longer entertain a second appeal.

The court did not listen to, or read, the lawyers argument that they have new evidence to show that Justice Secretary Hernando Perez and President Gloria Arroyo had tried to make him leave the country and be free from execution during the four-day anti-Estrada street protests from January 16 to 20.

Estrada's lawyer Raymund Fortun said his camp would file a motion for reinvestigation at the Ombudsman's office as well as a motion to dismiss the cases filed against Estrada at the Sandiganbayan anti-graft court.

Deputy Ombudsman Margarito Gervacio reacted to the statement of Sandiganbayan President Justice Francis Garchitorena that the information on the Estrada cases will have to be returned to the Ombudsman's office.

Although the ruling effectively removed the legal barriers for the Sandiganbayan graft court to issue a warrant for Estrada's arrest, Garchitorena said it was important for the court to "determine fairly" if there is probable cause for the cases against Estrada to be heard.