Decision on Estrada out March 13 — SC

The Supreme Court (SC) is expected to decide in 10 working days on the two petitions of ousted President Joseph Estrada questioning the legitimacy of the Arroyo administration.

The time frame appeared to be ominous for Estrada as the High Tribunal’s self-imposed deadline falls on March 13.

Estrada, the country’s 13th president, was the first national leader to be ousted halfway through his six-year tenure.

He was impeached by the House of Representatives on Nov. 13, and was forced out of office on Jan. 20 by a military-backed popular uprising triggered by the collapse of his impeachment trial.

Lawyer Ismael Khan, spokesman for the SC, held it likely that the 13 justices would junk Estrada’s petitions.

Quoting Chief Justice Hilario Davide Jr., who presided over the failed impeachment trial, Khan said the SC will "exert its best efforts" to hand down a decision on the pleas filed by Estrada’s lawyers led by former Sen. Rene Saguisag and law dean Pacifico Agabin.

"I learned from Chief Justice Davide that they might decide in 10 days," Khan said, adding that the scheduled decision may have the concurrence of acting Chief Justice Josue Bellosillo since Davide, along with Justice Artemio Panganiban, had inhibited himself from the proceedings.

Khan said the magistrates wanted to immediately resolve Estrada’s petitions "so that all the issues raised by both parties would be settled once and for all."

Saguisag sought the inhibition of Davide and Panganiban, saying the two magistrates have issued statements tending to favor Arroyo.

As the SC deliberated en banc on the petitions, some 40 anti-Estrada protesters held a rally outside the High Court’s compound.

The rallyists were led by militant priest Joe Dizon, former Transportation and Communications Secretary Josefina Lichauco, former Manila Rep. Amado Bagatsing, Gabriela leader Liza Maza and Msgr. Nico Bautista, among other people.

In his petitions, the 63-year-old former movie star maintained that he was still the legal and constitutional president, adding that Arroyo was merely serving in an acting capacity.

The fallen leader clarified, however, that he has no intention of returning to power, raising suspicions that he only wanted to retain immunity from criminal prosecution.

Arroyo countered that her takeover of the presidency was legal and valid, saying no less than the SC has acknowledged her leadership.

She pointed out that both chambers of Congress, the entire police and military organizations and the international community recognized her presidency.

The SC has also ordered Ombudsman Aniano Desierto to refrain from filing additional cases of plunder, bribery and graft against Estrada while the former president’s petitions were still being deliberated upon.

Government prosecutors and private complainants have charged that Estrada illegally enriched himself during his 30-month stay in power.

Estrada dogged by unlucky "13"

Justice Secretary Hernando Perez said the Estrada appeared to be hounded by the number 13.

"This is a sign that he is really unlucky with that number. This is really bad luck for former President Estrada," Perez said.

Perez was referring to the inhibition of Davide and Panganiban, who gave in to Saguisag’s petition for the two magistrates to exclude themselves from active participation in the resolution of the cases, reducing the number of justices to 13.

Perez said the ousted president might be having sleepless nights over this development, and was apparently mad at Saguisag for seeking the inhibition of Davide and Panganiban.

Estrada’s chief accuser, erstwhile drinking buddy and political ally Ilocos Sur Gov. Luis "Chavit" Singson, said the former president dreaded the number 13 so much he does not simply write his name "Joseph Estrada" on any document because it contained 13 letters. To ward off bad luck, Estrada inserts the letter "E" for Ejercito, raising the number of letters in his name to 14.

During the impeachment trial, witness Menchu Itchon testified that she was ordered by her boss, Singson, to change the 13-letter word Fountainebleu in Mimosa Leisure Estrada in Clark Field, Pampanga, giving rise to the name Fontainebleu Casino.

But it was just tough luck for Estrada. Aside from being the 13th president who was impeached on Nov. 13, Singson also started his testimony on Dec. 13, and the most damaging testimony came from the 13th witness, Clarissa Ocampo, senior vice president of the Equitable PCI Bank, who said she was seat next to Estrada when he repeatedly signed documents as "Jose Velarde."

Meanwhile, President Arroyo said she was giving the SC a free hand in deciding Estrada’s petitions, brushing aside allegations by the Kilusang Mayo Uno that Estrada’s lead lawyer in the impeachment hearings, Estelito Mendoza, was trying to strike a deal with the justices in favor of his client.

"It is very hard to suspect the Supreme Court of any wrongdoing with regard to changing of money," Arroyo said at a news briefing at Malacañang.

Mendoza, in a letter, to The STAR, also denied KMU’s allegations.

At the same time, Mrs. Arroyo disclosed that she and her husband, lawyer Mike Arroyo, had started the process of divestment of assets as required by law.

She said Mike can still practice law within one month, but only to defend indigent litigants. – With Marichu Villanueva