Lift extended TRO, Desierto asks Supreme Court

Ombudsman Aniano Desierto asked the Supreme Court (SC) yesterday to lift its extended temporary restraining order (TRO) preventing him from filing cri-minal charges against deposed President Joseph Estrada.

In his seven-page motion for reconsideration, Desierto noted that the SC is unlikely to reverse its 13-0 vote declaring that Estrada is no longer president, and upholding the legitimacy of the Arroyo administration.

The High Tribunal earlier enjoined the Ombudsman from filing graft and plunder cases against Estrada pending resolution of his petition asking that he be reinstated to the presidency on the ground that Mrs. Arroyo was serving merely in an acting capacity.

The restraining order was indefinitely extended after Estrada’s lawyers filed on Tuesday a motion for reconsideration of the March 2 decision junking his initial petitions.

"There is no legal ground to extend the 30-day injunctive relief afforded to Estrada. This Honorable Court may not make a 180-degree turn," Desierto argued.

He warned that a reversal of the March 2 decision would "create an upheaval never before seen in modern democracy, affecting all institutions including the Vice Presidency, and the Senate and the House (of Representatives) which had recognized Arroyo as President."

"It would bring utter political and economic chaos which may not be allowed by this Honorable Court to happen," he said.

Desierto added that Estrada’s apprehensions about possible adverse actions he might take because of the SC order should not be used as basis for the issuance of any injunctions.

The High Court shackled Desierto anew when it extended the month-long freeze order it issued on Feb. 20 which was supposed to expire tomorrow.

In its one-page en banc resolution, the SC said "the status quo order shall continue to remain in effect until resolution of the omnibus motion and motion for reconsideration" of the 63-year-old former movie actor.

Investigators led by Overall Deputy Ombudsman Margarito Gervacio Jr. said the court order did not prevent them from carrying out their probe on the charges.

Gervacio has also said they were virtually through with their investigations and were set to file the cases once the injunction is lifted, especially the first six plunder charges.

The court directed Mrs. Arroyo to file her comment on Estrada’s appeal within 10 working days.

Justice Secretary Hernando Perez said they would file their comment within this week. "We are meeting with the Office of the Solicitor General to plan our opposition to (Estrada’s) motion for reconsideration."

Estrada’s lawyers also sought the inclusion of 10 more justices, in addition to Chief Justice Hilario Davide Jr. and Justice Artemio Panganiban, from participating in the deliberations of their appeal.

"We would look at the possibility of recusing all those who went to the EDSA Shrine to witness the oath-taking of Mrs. Arroyo). To expect that no one would uphold himself would be unrealistic. We hope that what happened last Jan. 20 is the last case of judicial exuberance of the type we saw then," the lawyers said.