In a five-page resolution, the Sandiganbayans Fourth Division said the court had already exercised "sound judicial discretion" in approving the withdrawal of charges that Estrada and four other individuals were allegedly involved in skimming off P130 million from Ilocos Sur tobacco excise taxes.
The former leaders co-respondents in the Criminal Case 26559 are Charlie "Atong" Ang, Eleuterio Tan, Alma Alfaro and Delia Rajas.
Associate Justice Nicodemo Ferrer, who penned the resolution, said neither the Ombudsman nor his deputies committed "grave abuse of prosecutorial discretion when they withdrew the case."
He added that the court was not impressed with the petitioners argument that with the withdrawal of the case, "the court allowed itself to emerge lower in the eyes of the public."
He pointed out the accused has not yet been arraigned at that time and that the doctrine of estoppel has no application in criminal cases.
"We find no cogent reason to disturb the order that granted the withdrawal of the said case," Ferrer said.
Meanwhile, the Fourth Division reset for May 29 a hearing on the prosecution panels motion for reconsideration concerning the transfer of Estradas perjury case to another division.
The court earlier junked a petition by Ombudsman Aniano Desierto, who wanted the case transferred to the Third Division, citing "expediency considerations." The Third Division is headed by Associate Justice Anacleto Badoy, who is handling the separate and more serious charge of plunder, a capital offense.
Associate Justice Rodolfo Palattao, a member of the Fourth Division, said consolidating a lesser charge with a more serious charge may prejudice the accused
"Consolidating a non-bailable charge with a bailable one for practical reasons is not acceptable," he said.
In a related development, state prosecutors said yesterday five out of eight other individuals accused of plunder may qualify to be state witnesses.
Special prosecutor Antonio Manzano said lawyer Edward Serapio, Yolly Ricaforte, Alfaro, Tan, and Rajas could testify in favor of the state because of their "minimal participation in the crime."
"Under the rules of criminal procedures, the least guilty could qualify," Manzano said.
However, Serapios lawyer, Sabino Acut, said turning state witness is already an admission of the crime and that the prosecutions comment was totally uncalled for.
"Attorney Serapio has no plans to turn state witness. The premise of that statement is that the one who wants to apply as one is also guilty," Acut said.