Estrada postulates that he is above the law<\/p>\n
MANILA: Deposed President Joseph Estrada the other day refused
\nto enter a plea of guilty or not guilty during his arraignment on
\ncharges of plunder before the Sandiganbayan court. Two weeks ago,
\nhe spurned entering a plea on charges of perjury. The
\nSandiganbayan justices nonetheless entered a plea of not guilty
\non his behalf to get the trial moving.<\/p>\n
Lawyers of Estrada never explicitly stated the reasons for
\nthis legal tactic which, in effect, implies that Estrada does not
\nrecognize the jurisdiction of the Sandiganbayan over the cases
\nfiled by the Ombudsman against him, his son Jinggoy Estrada, and
\nEdgardo Serapio, Estrada's lawyer in the Erap Muslim Scholarship
\nFoundation. The foundation was described in the impeachment trial
\nof Estrada as a "shell" organization.<\/p>\n
Legal authorities have interpreted Estrada's refusal to enter
\na plea as a message that he does not recognize not only the
\njurisdiction of the court but also the legitimacy of the
\ncountry's judicial process. If this is correct, then Estrada and
\nhis co-accused have postulated a dangerous doctrine that they are
\nabove the law and beyond the pale of the judicial system.<\/p>\n
Without getting an explanation from Estrada's lawyers, we can
\nonly infer that the refusal to enter a plea in the plunder case
\nis based on their argument that the law on plunder is
\nunconstitutional because it is flawed with the "vice of
\nvagueness."<\/p>\n
Thus, the argument seems to say, until the Supreme Court rules
\non the issue of the constitutionality of the plunder law, Estrada
\nand his co-accused can ignore the court.<\/p>\n
Whether or not the law is shrouded with vagueness is a matter
\nwhich only the courts can decide. But it is putting the cart
\nbefore the horse if Estrada does not submit himself to the
\ncourt's jurisdiction until a ruling on the issue is handed down
\nby the Supreme Court.<\/p>\n
First, a legal challenge has to be filed with the Supreme
\nCourt questioning the constitutionality of the plunder law.
\nPending a decision, no one has the right to delay the trial.<\/p>\n
The arraignment is a judicial landmark in a case that has
\nalready set many precedents. This is the first time a president
\nof the republic has been put on trial for offenses arising from
\nhis exercise of presidential powers. This is the first time that
\na president has been arrested and held in detention while he
\nstands trial. And this is also the first time that a president
\nhas been impeached.<\/p>\n
We are traversing unexplored legal territory in the Estrada
\ncases, and, as we have seen, Estrada and his lawyers are putting
\nup obstacles every inch of the way to block a speedy trial. On
\nthe basis of the endless ancillary motions filed by his lawyers,
\nwe can foresee a protracted litigation that may well go beyond
\nthe life of the Macapagal administration. It is obvious a speedy
\ntrial is not a priority of Estrada and his lawyers.<\/p>\n
Many times, since the Senate blue ribbon committee started
\nhearings on the jueteng payoff charges all the way to the
\nimpeachment trial, Estrada has asserted he would answer the
\ncharges at the proper venue. Well, the impeachment tribunal was
\none such venue and so is the Sandiganbayan. But each time, he has
\nfound a reason not to answer the allegations leveled against him.<\/p>\n
At the court on Tuesday, Estrada emphatically said that he was
\nnot Jose Velarde or Asiong Salonga. This reference to the alias
\nhe used in opening a bank account with Equitable PCI Bank is a
\nsignal that he will challenge any evidence linking him to that
\naccount.<\/p>\n
The scorn heaped by Estrada on the courts reflects his lack of
\nrespect for institutions. In his rise to power, he has never
\nthought much about the importance of institutions, such as
\npolitical parties or even the judicial system.<\/p>\n
If he fell back on the impeachment as a constitutional
\nprocess, he did so only because he thought he could use it as a
\nshield to keep his legitimacy and to survive politically. He
\nthought that his popularity with the masses gave him a mandate to
\nignore institutions. It is not surprising therefore that he does
\nnot recognize the Sandiganbayan's jurisdiction over the case
\nfiled against him.<\/p>\n
-- Philippine Daily Inquirer\/Asia News Network<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/estrada-postulates-that-he-is-above-the-law-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }