Reyes, former Armed Forces chief Gen. Diomedio Villanueva, retired generals Fortunato Abat and Leo Alvez had asked the Office of the Ombudsman to dismiss a complaint that accused them of mounting a coup against Estrada. They said the complaint had insufficient basis.
Lito Banayo, Estrada’s former political affairs adviser, said in a statement that the military withdrawal of support for Estrada had all the elements of a coup.
The charge, which is a capital offense punishable by death, was filed by newspaper publishers Ninez Cacho-Olivares, Amado "Jake" Macasaet, Banayo and columnists Horacio "Ducky" Paredes and Herman Tiu-Laurel last May 16.
The withdrawal of support by the military, then led by Reyes, was the turning point of the three-day popular protest that booted out Estrada.
By publicly withdrawing support for their commander-in-chief, the military intimidated Estrada into leaving Malacañang, Banayo said.
"Clearly, the element of intimidation was present. By appearing onstage during the EDSA II rally on 19th January 2001, the respondent’s message was clear. It was time for President Estrada to go ... or else," he said.
Banayo said the element of secrecy was also present when Reyes clandestinely met with then Vice President Gloria Macapagal Arroyo to plan Estrada’s ouster.
"Clearly, the intention of the military’s and respondent Reyes’ withdrawal of support from the duly constituted authority is to seize power and to transfer the same to somebody else," he said.
Malacañang welcomed the filing of the complaint. Acting Press Secretary Silvestre Afable said it was meant to question the legality of the Arroyo administration.
Estrada claims he is still the president since he did not resign from the presidency when he left the Palace.
Afable said the legitimacy of the Arroyo government had already been established by the Supreme Court. Since the Arroyo administration’s legitimacy had been settled, Afable said "it would be very difficult" for the complaint to prosper.
Earlier, Reyes said he had no choice but to defect to Mrs. Arroyo because the country was in danger of plunging into anarchy.
The complaint was based largely on a book entitled "The Fall of Joseph Estrada" written by columnist Amando Doronila of the Philippine Daily Inquirer which revealed an alleged conspiracy among the respondents to oust Estrada.
The information also cited an admission by Reyes before the Commission on Appointments that the Jan. 16 to 20 political upheaval was a coup d’ etat.
Olivares noted that Doronila’s book was complete and revealed everything, particularly how Reyes prevented Estrada from mobilizing military commanders to stop the uprising.
Reyes allegedly ordered commanders not to communicate with Malacañang.
"I ordered them to shut off their cellular phones to avoid further calls from Malacañang Palace," the book quoted Reyes as saying.
It also said Reyes and his co-accused deliberately withheld intelligence information from Estrada needed to counteract the coup.
Olivares said Reyes did not even bother to report to Estrada his meeting with retired generals headed by Abat and Alvez, who were plotting their own mutiny.
"This test case will stabilize the government. You cannot have the military, in the guise of protecting the people, deciding for the people all the time," Olivares said.