Estrada plunder charge gets go-ahead

Estrada is seeking to be allowed to go to the United States for medical treatment

MANILA, Philippines -- Ousted Philippine President Joseph Estrada suffered a serious setback in his legal defense when the country's Supreme Court ruled that the plunder law he is accused of violating is constitutional.

The court's 10-4-1 decision means that Estrada's trial, already underway at the country's anti-graft court, will continue.

"The Supreme Court said the law is constitutional, no question about it," court spokesman Ishmael Khan said.

Estrada's lawyers have filed a petition before the 15-member tribunal to declare the offense of plunder as unconstitutional.

COUNTRY PROFILE At a glance: Philippines Provided by CountryWatch.com    CNN.com Asia More news from our Asia edition

They said that the law was too vague and that this deprived Estrada of his constitutional right to know clearly the charges against him and prepare an adequate defense.

Government prosecutors hailed the decision, saying that the challenge was just part of the intense legal wrangling aimed at keeping Estrada from being held accountable.

Prosecutors alleged Estrada amassed some $77 million in payoffs from illegal gambling operators as well as kickbacks from tobacco taxes and questionable government investments while in office.

He was forced from the presidential palace by mass protests in January as a result.

Plunder is a non-bailable offense, which is punishable by death. Estrada championed the law when he was a senator during the 1990s.

Rowdy protest

The decision sparked a protest action among 100 rowdy Estrada supporters in red shirts marked "plunder unconstitutional."

They rallied outside the Supreme Court building, causing a major traffic jam.

Two truckloads of riot police helped secure the building, then drove away the protesters and blockaded the road to the court with fire trucks.

In April, Estrada was detained without bail on a charge of economic plunder, defined as a series of criminal acts to amass $1 million or more.

Initially jailed, the 64-year-old Estrada was moved to a military hospital in May after complaining about his health and has remained there.

He also has been charged with three other bailable charges -- two cases of perjury for allegedly understating his assets in 1998 and 1999 and illegally using an alias to hide questionable funds in a bank account.

Estrada's downfall and subsequent trial, the first for a Philippine president, have remained volatile issues.

In May, thousands of his mostly poor followers tried to storm the presidential palace in an alleged failed attempt to restore him to power. Six died in the rioting.

Estrada has denied any wrongdoing and said the charges were fabricated by his political rivals.