Estrada to appear before anti-graft court today

Detained former President Joseph Estrada is expected to appear before the Sandiganbayan today for questioning by the anti-graft court on his insistence that he was still president and his 2001 ouster was illegal.

"Security preparations for tomorrow have all been set up as usual. We’re ready for his appearance," said Ed Urieta, Sandiganbayan sheriff.

Estrada had asked a dismissal of the plunder and other corruption charges against him. He maintained that he was immune from suit and the Sandiganbayan, therefore, has no jurisdiction over him.

He had asked the court to summon President Arroyo, Supreme Court Chief Justice Hilario Davide and Associate Justice Artemio Panganiban for questioning by the defense on the events of the military-backed popular uprising that led to his ouster.

Deputy Ombudsman Dennis Villa-Ignacio, the chief prosecutor, described Estrada’s move as a delaying tactic. "This is a sham motion. They should devote more time to the plunder case. I think they have no defense at all, that is why they are resorting to this," he said. "They should know that President Arroyo and Davide are exempt from court processes."

Earlier this month, Estrada filed an impeachment complaint against Davide, Panganiban and six other Supreme Court justices before the House of Representatives. He accused them of playing partisan politics to legalize his ouster.

Estrada claimed that Panganiban and Davide conspired against him, citing narratives from Panganiban’s recently released book, "Reforming the Judiciary," in which Panganiban related what went on at the height of the uprising.

"Unless Estrada is allowed to prove the truth of Panganiban’s material statements cited in his book, it would appear that Estrada would be deprived of his right to take whatever action he would like to take which he thinks will effectively advance the cause of his defense," Alan Paguia, Estrada’s lawyer, said.

Another Estrada lawyer, former senator Rene Saguisag, who filed the impeachment complaint, alleged Davide violated a judicial rule banning court officers from joining partisan political rallies when he swore in then vice president Arroyo as Estrada’s successor at the height of the uprising.

The complaint was endorsed by Estrada allies Maguindanao Rep. Didagen Dilangalen, Iloilo Rep. Rolex Suplico and San Juan Rep. Ronaldo Zamora.

Estrada last month asked the Sandiganbayan to dismiss the charges against him and said he would not present evidence for his defense. He maintained the Supreme Court erred when it swore in Mrs. Arroyo after declaring the presidency vacant during the uprising.

The prosecution rested its case last month and the defense was scheduled to start presenting witnesses and evidence last June 2.

At the height of the uprising against Estrada, most of his Cabinet had resigned and the military and the police declared they no longer recognized him as commander-in-chief.

As Estrada left the palace through the back door, the Supreme Court declared the presidency vacant and swore in Mrs. Arroyo to succeed him.

Mrs. Arroyo will complete serving out Estrada’s term by next year and has said she had no plans of contesting the May polls.

Estrada never signed a resignation letter and asked the Supreme Court to declare Mrs. Arroyo "acting president."

In March 2001, the Supreme Court ruled that Estrada essentially resigned when he left the palace, even without a formal announcement. It also stripped him of his parliamentary immunity.

Prosecutors allege Estrada took bribes from illegal gambling rackets, embezzled state funds and profits from insider trading and used the proceeds to buy mansions for himself and his string of mistresses.

They accuse him of amassing more than P4 billion during his 31-month rule and stashing the proceeds in a secret bank account with Equitable PCI Bank under the alias Jose Velarde.