Court dismisses Estrada bail bid

By Rufi Vigilar

MANILA, Philippines -- An anti-graft court has dismissed ousted president Joseph Estrada's bid to post bail on the economic plunder case for which he was arrested Wednesday.

Deputy Ombudsman Margarito Gervacio told CNN that the court heard Estrada's plea for bail Wednesday afternoon but "gave it the heave-ho."

Justice Secretary Hernando Perez said that economic plunder is legally defined as a non-bailable offense, but the accused may still be allowed bail "if the court decides that evidence of guilt is not strong," .

Defense lawyers filed the motions last week calling for due process.

They said "a preliminary investigation was denied Estrada" before the Office of the Ombudsman -- the country's top prosecutor -- submitted the cases to the Sandiganbayan anti-graft court.

The lawyers were banking on this lapse in legal procedure for the court to decide to "throw back" the cases to the ombudsman's office.

Case dismissal

The possibility that the court would dismiss the plunder case against Estrada still exists but is remote, Gervacio said.

"Unless the Supreme Court decides that the plunder law is unconstitutional," he said.

In their motion, Estrada lawyers have sought to elevate the case before the Supreme Court. This was seen by the government as a delaying tactic.

"We had suspected that, but in fairness to them, (Estrada's lawyers) are allowed to seek all legal means for their client," he said.

Gervacio added that "the battery of witnesses and voluminous evidence" in the plunder case, which carries the maximum penalty of death, should lead to Estrada's conviction.

The evidence includes "things never touched during his impeachment (trial)," the deputy ombudsman added.

The Senate impeachment tribunal decided on January 16 to reject bank evidence linking Estrada to millions of dollars in ill-acquired wealth. This led to nationwide demonstrations, forcing cabinet and key military and police officials to join anti-Estrada protesters three days later.

Estrada stepped down the following day and his vice president Gloria Macapagal-Arroyo was sworn in as the 14th president.

In questioning the legitimacy of Arroyo's presidency, Estrada insists that he had stepped down "to avoid violence" but had not resigned.

The Supreme Court decided unanimously in favor of Arroyo last March and rejected Estrada's motion for reconsideration in early April.

Gervacio also said that Estrada may be accompanied in detention in national police headquarters in Camp Crame by his son, San Juan mayor Jinggoy Estrada, a co-accused in the plunder case.

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