Ombudsman moves for daily trial of Estrada

Ombudsman Aniano Desierto said prosecutors will now move for a daily trial of deposed President Joseph Estrada following the Supreme Court’s decision to create a special division in the Sandiganbayan to try the cases against him.

"We want a daily trial, but this will be just half-day. Or we’ll ask the special court that trials be conducted three days a week (whole day) at the very least," he told reporters in a briefing yesterday.

The anti-graft court, he said, currently spends six to seven hours a week hearing Estrada’s cases, mostly in the third division where the plunder case is assigned.

Desierto said the prosecutors had two trial days a week which are set every Monday and Wednesday starting at 2:30 p.m.

"With the creation of the special court there are no more obstacles for continuous trial and there is no more reason for the defense lawyers to delay the cases like they did before," he said.

He hailed the creation by the SC of the special division, which he said is composed of justices whose integrity is beyond reproach and who have an impeccable track record.

"They are devoted judicial magistrates with impeccable credentials, sober and level-headed. Powers do not change nor affect them. They remain the same in their treatment of people – fair, just, and equal," he said.

Acting Presiding Justice Minita Chico-Nazario has been designated chief of the division, with Justices Edilberto Sandoval and Teresita Leonardo-de Castro as members.

Desierto likewise said the special division will be "beneficial to both the prosecution and the defense" since the trial can now be conducted speedily, in compliance with the Speedy Trial Act (RA 8493).

The SC, through oversight committee chairman Josue Bellosillo, had recommended the creation of the panel. This was adopted by the SC en banc, less Justice Antonio Carpio, who was a party to the case

"This special division shall hear, try and decide with dispatch the plunder case and all related cases filed or which may hereafter be filed against Estrada and those accused with him, until they are resolved, decided and terminated," the SC said.

In a seven-page resolution written by Senior Justice Bellosillo, the high court pointed out that it was imperative for them to create the division to expedite the cases.

"This Court, in the interest of justice and the speedy disposition of cases, with due regard to the procedural and substantive rights of the accused, deems it best to create a special division," it added.

Bellosillo said they were left with "no choice" but to name the three because the 11 other jurists cannot be appointed for various reasons, ranging from closeness to the fallen leader to impending retirement.

Five justices are about to retire, three were close to Estrada, one was the former president’s appointee, another a recent appointee, while suspended Presiding Justice Francis Garchitorena was forced to devote his time to the backlog in his court.