Estrada arrested Monday?

Government prosecutors expect a warrant of arrest to be served on former President Joseph Estrada on Monday for the capital offense of plunder, according to Justice Secretary Hernando Perez.

"The five-day delay period asked by (Estrada lawyer) Rene Saguisag will lapse on Monday and everything is already set for his arrest," Perez told reporters in Davao City. "I expect the warrant of arrest to be served by Monday."

Perez noted that all legal hindrances to Estrada’s arrest shall have been surmounted by Monday.

He said the arrest order will be served by Sandiganbayan sheriff Edgardo Urrieta with police assistance.

The justice secretary said Estrada is already aware of the impending arrest because Perez informed Estrada’s lawyers on Thursday night and yesterday morning.

"I got in touch with them and I was assured that Estrada will voluntarily surrender and face the law," Perez said.

Estrada’s lawyer Raymund Fortun confirmed that the arrest warrant is now being prepared.

"We were informed that a warrant of arrest is now being readied. We are just not sure whether the warrant will be served this weekend," Fortun said.

He gave assurance that Estrada will surrender to Urrieta.

"There’s no need to bring in the police and the military. We will make it easy for the government and everybody else," Fortun said, pledging that Estrada’s legal team will deliver the ex-president to the authorities.

Confirming that arrangements are now being made with the Estrada camp, Perez agreed that there is no need for a show of force even if Estrada’s home is now surrounded by supporters who have pledged to prevent authorities from arresting the former president.

"Yes, there are people milling around Estrada’s residence in Greenhills but with the assurance that he will surrender, there is no need anymore for any show of force," Perez said.

The justice secretary also ruled out proposals that Estrada be placed under house arrest in deference his being a former president.

"House arrest is out of the question. He has to be placed under the full custody of the law in a particular jail which will be a more secure place for somebody of his stature," Perez said.

He however refused to say where the authorities would detain Estrada and stressed instead that it would be up to the Sandiganbayan to commit Estrada to a detention center of its choice.

An anti-Estrada lawyers’ group also affirmed that there is no legal basis for a house arrest but warned authorities of a possible Estrada ploy that would result in "hospital arrest."

The Concerned Lawyers for Moral and Effective Leadership (Clamor) said the only remaining option for Estrada to evade incarceration is to feign illness so that he would be held in a hospital.

"The sole and remaining option for Estrada in order to avoid jail is to pretend that he is sick and therefore has to be hospitalized. In effect, he will be placed under ‘hospital arrest’," said Clamor head convenor Dennis Funa.

Funa explained that hospital arrest is allowed by the law for those who are really sick but urged that a team of competent and credible doctors be allowed to examine Estrada.

Funa said any claim that Estrada is sick will only be seen as a "brazen attempt to avoid imprisonment" and the ex-president deemed as a "coward."

Clamor also "warned any medical practitioner against taking part in any ploy to deceive the public and warned that such a conduct could warrant a malpractice suit resulting in the revocation of license."

Miriam to lead people power III?

Meanwhile, re-electionist Sen. Miriam Defensor-Santiago said yesterday she would "precipitate" an uprising to oust the government if authorities try to enforce the law.

In a press conference at the Marmonth Hotel in Olongapo City, Santiago said the evidence against Estrada was "very weak" and any insistence to arrest Estrada would trigger people power III.

Estrada was ousted by a military-backed civilian uprising, called people power II, on Jan. 20. The February 1986 civilian-backed military uprising that ousted the late President Ferdinand Marcos is called people power I.

"I will even precipitate it," Santiago said, stressing that she will lead Estrada’s "hard-core" supporters in starting the uprising.

Santiago, a former trial court judge, said Estrada should not be arrested for plunder because it does not follow that a non-bailable offense should inevitably land the accused in jail.

"Where the evidence is weak, even an accused in a non-bailable offense could be granted bail," she said.

Estrada supporters, who have been staging a vigil around Estrada’s residence since Thursday last week, are also threatening to stage EDSA Tres.

The vigil started with less than a hundred people has grown to around 3,000 as of 11:30 p.m. Thursday. Organizers claimed more Estrada supporters are expected from Nueva Ecija and other provinces.

Using a truck as their makeshift stage, Estrada loyalists presented a mini-circus composed of one clown who performed to the group as San Juan policemen patrolled the area.

Security guards of the North Greenhills subdivision were forced to close the gates on Thursday as a large unruly crowd insisted on being allowed near Estrada’s residence where he was celebrating his 64th birthday.

The commotion was caused by the appearance of action star and Estrada buddy Fernando Poe Jr. who came out to greet the loyalists with Sen. Vicente Sotto III. – With reports from Marvyn Sy, Mayen Jaymalin, Perseus Echeminada, Efren Danao, Non Alquitran, Nestor Etolle