"The proceedings will continue. It will not affect the trial. We are not affected by his being elected to the Senate," Chief Special Prosecutor Dennis Villa Ignacio told reporters.
He argued that there is no law that "wipes out" a criminal case against an accused if he is elected to public office.
"There is no jurisprudence on that. There is no law that says if you are an elected senator, the case against you will be wiped out," he said.
Villa Ignacio was confident that the Supreme Court (SC) will return Estrada, who is free on P500,000 bail, to police custody for the duration of the trial.
"Once the SC cancels his bail, then he has no choice but to go back to jail," he said.
Estrada will be the first senator to face corruption charges. Another senator, presidential candidate Panfilo Lacson, is facing a multiple murder case.
Defense lawyer Manuel Pamaran agreed with the prosecutor’s opinion that Estrada’s election will have no bearing on the case.
"He still enjoys presumption of innocence. It will not affect the case," he said.
The Sandiganbayan reset the hearing on the Estrada plunder case to June 30 after defense lawyers Pamaran, Jose Flaminiano and Noel Malaya informed the justices they might elevate the issue on the demurrer to evidence to the SC.
Presiding Justice Minita Chico-Nazario told Estrada’s laywers the trial will resume even if they elevate their motions to the high court, except when a restraining order is issued.
But Villa Ignacio remained hopeful the Estradas would present their evidence as soon as possible.
"This is to remove the doubts hanging over his head. If he is cleared, let it be," he said.
Nazario and Justice Edilberto Sandoval had also advised the defense lawyers to be prompt with their evidence if they want their client to be released from detention early.