Estrada loses presidency, faces arrest

Estrada could be arrested now he has lost

By Rufi Vigilar
CNN Writer

MANILA, Philippines -- Ousted Philippine president Joseph Estrada faces arrest as early as Wednesday after the Supreme Court rejected his appeal against the legitimacy of Gloria Macapagal-Arroyo's presidency.

The unanimous court ruling by 13 justices denies Estrada immunity from criminal charges, paving the way for his arrest.

The Office of the Ombudsman, which handles criminal cases against incumbent and former state officials, is set to file seven criminal charges against Estrada before the Sandiganbayan -- the country's anti-graft court.

Among the charges are graft, bribery, misuse of public funds, unexplained wealth, abuse of authority, and plunder.

The crime of plunder is non-bailable and carries a maximum penalty of death.

No more appeal

Estrada cannot file another motion for reconsideration.

The court said such is allowed only in "extraordinary" cases, as when new evidence is presented.

In its 42-page ruling Tuesday, the court said "there are no new arguments and evidence to warrant reversal" of its March 2 decision ruling Arroyo's presidency legitimate.

The court also dismissed Estrada's arguments in his motion as "thinly disguised new spins."

Double jeopardy

The court also ruled that Estrada could not invoke double jeopardy, which prevents the accused from being indicted twice for the same crime.

Estrada's lawyers said the former president was being accused of the same charges as those during his impeachment trial.

The court said double jeopardy did not apply, since "Estrada was not convicted by the impeachment court."

The Senate impeachment trial started in December after a provincial governor and Estrada's self-confessed bagman said that the former president pocketed bribes from illegal gambling operators in the provinces.

The trial was aborted when a majority of senator-judges voted to reject evidence linking Estrada to millions of dollars in ill-acquired wealth.

The vote spurred a walk-out by the prosecution panel and massive anti-Estrada protests leading to his ouster four days later.

Estrada left Malacanang Palace on January 20 amid the resignation of cabinet members and key military and police officials.

Holding on

Estrada insists he never resigned as president.

Former senator and Estrada lawyer Rene Saguisag said that the deposed president is "merely on leave" and that Arroyo's presidency is "unconstitutional."

Saguisag declined to comment on the latest Supreme Court ruling.

"Before receipt of the formal resolution, we may be well advised to withhold further comment," he said.

But Saguisag said that he and Estrada's other lawyers asked the Supreme Court for a "reargument" after receiving government comments on the case on Friday and Monday.

"Many issues need to be clarified," Saguisag said, adding that the Integrated Bar of the Philippines, the country's largest group of lawyers, had also sought clarification on some issues.

Brewing controversy

One of the controversial issues in the case is a document which Saguisag claims would point to Arroyo's having requested the justices to swear her in as president.

A controversial statement in the court's 42-page decision suggested that Arroyo may have indeed called on the justices.

The court decision read: "There is no ground to inhibit the members of the court who merely accepted the invitation of GMA (Gloria Macapagal-Arroyo) to attend her oath-taking."

Arroyo has repeatedly denied she requested to be sworn in.

A second issue Estrada's lawyers had raised is that the Supreme Court based its March 2 decision on alleged "hearsay," referring to the diary of Estrada's agriculture secretary, who recounted events at the presidential palace just before Estrada stepped down.

But the court justified basing its March 2 decision on the diary: "We used the Angara diary to decipher the intent to resign o the part of Estrada.

"It is not unusual for the court to distill a person's subjective intent from the evidence before them."

Election verdict

Estrada has said that even if his motion is denied, mid-term elections in May would show that he still enjoys the support of the people.

The former movie star had garnered the largest electoral vote in local history during the 1998 presidential elections.

His wife, former first lady Loi Ejercito, is popular for her medical outreach programs in far-flung areas and has made a bid for the Senate.

Perceived Estrada loyalist, former police chief Panfilo Lacson, has also shown up strong in recent surveys, as do re-electionist senators who sided with Estrada in his impeachment trial.

But even if candidates identified with Estrada gain the majority of seats in Congress, the busines climate is likely to be bleak.

News of his impending ouster last year brought up the stock market index.

When key officials resigned a day before his ouster, the local peso's value improved from about P55 to P47.50.

Reuters contributed to this report.

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