Lawyers play for time for Estrada

Estrada's plunder case "may even be dismissed," says an Estrada lawyer

In this story: Prospects of arrest Voluntary surrender "Return to Palace" RELATED STORIES, SITES

By staff and wires reports

MANILA, Philippines -- In a flurry of last ditch moves to avoid prison, lawyers for deposed president Joseph Estrada has asked the anti-graft court for 10 days to approach the Supreme Court.

The lawyers have filed a memorandum seeking reinvestigation of a charge against him of plunder that carries the maximum penalty of death.

PROFILE The life and times of Joseph Estrada

Estrada lawyer Raymund Fortun said that the memorandum follows up on a motion to "remand the criminal cases" against Estrada to the Office of the Ombudsman, which was filed Wednesday before the Sandiganbayan special anti-graft court.

"The Sandiganbayan is expected to decide on the motion on or before April 28," Fortun said. "There is no deadline for the court to decide on the memorandum."

If the court decides favorably on the Estrada motion, he will again avoid arrest on the plunder charge in which he is accused of illegally acquiring four billion pesos ($80 million) during his 31 months in office.

In fact, "the plunder charge may even be dismissed," Fortun added.

Estrada avoided arrest on graft and perjury charges last week by posting bail.

The Office of the Ombudsman had said it would focus on the plunder case, explaining its withdrawal last week of four graft charges against Estrada and a fifth alleging he violated the government code of conduct.

However, Ombudsman Aniano Desierto said that the withdrawn charges may be "re-filed" at a later date, when the plunder case has begun.

Estrada is also charged with illegal use of an alias to maintain dummy bank accounts.

Prospects of arrest

The plunder case, however, may not begin at all, if the court decides favorably on Estrada's motion.

The administration of President Gloria Macapagal-Arroyo is under intense scrutiny and pressure to have Estrada arrested, in a sign of its political will, ahead of May 14 legislative elections.

Defense lawyers are relying on a legal technicality to keep Estrada from being arrested.

Lawyer Cleofe Verzola said Estrada's motion stressed that Desierto had filed the cases before the Sandiganbayan "without a preliminary investigation."

The Ombudsman and the Sandiganbayan have also been engaged in a word war over legal procedures.

Voluntary surrender

Estrada denies any wrongdoing and said the Arroyo government has been deliberately humiliating him.

"The issuance of a warrant for my arrest is being railroaded without regard to my constitutional rights . . . I will fight this travesty of justice," the former film actor said in a statement to the media.

Fortun said that if indeed Estrada is arrested, "he will not fight . . . he will voluntarily surrender."

His lawyers will appeal for house arrest if Estrada's detention is ordered, as part of courtesies due a former president.

No one in the Philippine has ever been convicted on the charge of economic plunder, much less a president.

Estrada, who still has strong grassroots support, has said May 14 elections would vindicate him.

"Return to Palace"

Estrada remained in his home in a superior Manila neighborhood Monday, while about 1,000 supporters, carrying his picture, blocked cars entering the area.

He was forced from power in January at the peak of a popular revolt, spurred by a decision during his impeachment trial that rejected bank evidence allegedly linking him to millions in ill-acquired wealth.

Reuters contributed to this report.

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Philippine Office of the Press Secretaray

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