Government setback in Estrada perjury trial

Ousted Philippine President Joseph Estrada walks past reporters after his perjury trial at the anti-graft court in Quezon city

By Rufi Vigilar
CNN

MANILA, Philippines (CNN) -- The Philippine anti-graft court has rejected on a legal technicality the prosecution's evidence of perjury against deposed president Joseph Estrada.

The court's ruling has severley undermined the lesser of two criminal charges against Estrada.

On the first day of trial Monday, Presiding Justice Francis Garchitorena stopped the prosecution from presenting evidence on Estrada's alleged bank deposits that were "not included in the original charge sheet."

Government prosecutor Alex Padilla said after the trial hearing that the perjury case against Estrada is "as good as dead."

Estrada is accused of cheating on his statement of assets and liabilities in 1999, claiming income and property worth only 35 million pesos ($673,000).

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A plunder charge, wherein Estrada faces a possible death penalty, alleges the deposed leader amassed as much as $77 million pesos in ill-acquired wealth.

Estrada appeared in court Monday, escorted from his detention cell at a military hospital some eight kilometers from the anti-graft court.

Prosecutors said they will file an appeal before the Supreme Court. They have 15 days to file a formal offer of evidence before the anti-graft court.

Prosecutor Atty. Leonard de Vera said the prosecution is banking on another perjury case recently filed against Estrada, wherein the deposed leader is accused of cheating on his asset declarations in 1998, the first year of his presidency.

De Vera admitted that the prosecution "did not comply with the rules" in the first perjury case.

Ombudsman Aniano Desierto, whose office handles graft cases against government officials, told CNN that the rulings had "practically acquitted the accused."

The Supreme Court has not ruled on a motion by prosecutors to issue a temporary restraining order on the anti-graft court.

Desierto told CNN "there is no point in prosecuting the case" if no such order is issued.

Trial delays

Defense lawyers have succeeded in putting off trial hearings on two other criminal charges against Estrada -- economic plunder and the use of an illegal alias.

Estrada is accused of pocketing kickbacks from illegal gambling and tobacco taxes, and commissions from stock market investments by the social security system.

He is also accused of using a false name to hide bank deposits containing ill-acquired wealth.

The Supreme Court has yet to rule on a defense motion questioning the legality of the country's plunder law.

The defense has also filed a motion to quash the illegal alias case.

Justice Anacleto Badoy told CNN that the illegal alias case is "closely related to the plunder case" and may affect its progress.

Desierto has accused Estrada's lawyers of using delaying tactics.