And to disabuse the mind of Estrada lawyer Raymund Fortun, the Sandiganbayan’s third division yesterday ordered the lawyer to present himself on Friday and explain why he should not be held in contempt.
The possibility of landing in jail for contempt of court came after Fortun filed yesterday morning a motion for partial reconsideration based on the belief that the court had granted Estrada’s appeal to be placed under house arrest.
In his motion, Fortun wanted to ask the court to place Estrada’s son and co-accused, San Juan Mayor Jinggoy Estrada, under house arrest since the father was supposed to have been granted the privilege.
But Associate Justice Anacleto Badoy, who heads the third division, said the court has not yet issued any resolution on Estrada’s appeal.
"The court is studying the matter very seriously because it is a very serious and contentious matter. We are considering all the informations," Badoy told reporters.
Government lawyers, earlier rebuffed by the court’s fourth division on another Estrada case, jumped on Fortun’s blunder and asked the court to cite Fortun in contempt.
"It is contemptuous," said Ombudsman prosecutor Humphrey Monteroso, who had also received a dressing down by the fourth division on his appeal to consolidate the perjury charge against Estrada with the capital charge of plunder.
Estrada faces eight charges before different divisions of the Sandiganbayan, including plunder, but the government is seeking to withdraw five of the charges. The court has granted the withdrawal of one charge while the others are still pending.
"It (Fortun’s motion) is not good insofar as administration of justice is concerned," Monteroso said.
"Fortun misled the court and he is trying to pre-condition the minds of the public and the court as well," he added.