Estrada postulates that he is above the law

Estrada postulates that he is above the law

MANILA: Deposed President Joseph Estrada the other day refused
to enter a plea of guilty or not guilty during his arraignment on
charges of plunder before the Sandiganbayan court. Two weeks ago,
he spurned entering a plea on charges of perjury. The
Sandiganbayan justices nonetheless entered a plea of not guilty
on his behalf to get the trial moving.

Lawyers of Estrada never explicitly stated the reasons for
this legal tactic which, in effect, implies that Estrada does not
recognize the jurisdiction of the Sandiganbayan over the cases
filed by the Ombudsman against him, his son Jinggoy Estrada, and
Edgardo Serapio, Estrada's lawyer in the Erap Muslim Scholarship
Foundation. The foundation was described in the impeachment trial
of Estrada as a "shell" organization.

Legal authorities have interpreted Estrada's refusal to enter
a plea as a message that he does not recognize not only the
jurisdiction of the court but also the legitimacy of the
country's judicial process. If this is correct, then Estrada and
his co-accused have postulated a dangerous doctrine that they are
above the law and beyond the pale of the judicial system.

Without getting an explanation from Estrada's lawyers, we can
only infer that the refusal to enter a plea in the plunder case
is based on their argument that the law on plunder is
unconstitutional because it is flawed with the "vice of
vagueness."

Thus, the argument seems to say, until the Supreme Court rules
on the issue of the constitutionality of the plunder law, Estrada
and his co-accused can ignore the court.

Whether or not the law is shrouded with vagueness is a matter
which only the courts can decide. But it is putting the cart
before the horse if Estrada does not submit himself to the
court's jurisdiction until a ruling on the issue is handed down
by the Supreme Court.

First, a legal challenge has to be filed with the Supreme
Court questioning the constitutionality of the plunder law.
Pending a decision, no one has the right to delay the trial.

The arraignment is a judicial landmark in a case that has
already set many precedents. This is the first time a president
of the republic has been put on trial for offenses arising from
his exercise of presidential powers. This is the first time that
a president has been arrested and held in detention while he
stands trial. And this is also the first time that a president
has been impeached.

We are traversing unexplored legal territory in the Estrada
cases, and, as we have seen, Estrada and his lawyers are putting
up obstacles every inch of the way to block a speedy trial. On
the basis of the endless ancillary motions filed by his lawyers,
we can foresee a protracted litigation that may well go beyond
the life of the Macapagal administration. It is obvious a speedy
trial is not a priority of Estrada and his lawyers.

Many times, since the Senate blue ribbon committee started
hearings on the jueteng payoff charges all the way to the
impeachment trial, Estrada has asserted he would answer the
charges at the proper venue. Well, the impeachment tribunal was
one such venue and so is the Sandiganbayan. But each time, he has
found a reason not to answer the allegations leveled against him.

At the court on Tuesday, Estrada emphatically said that he was
not Jose Velarde or Asiong Salonga. This reference to the alias
he used in opening a bank account with Equitable PCI Bank is a
signal that he will challenge any evidence linking him to that
account.

The scorn heaped by Estrada on the courts reflects his lack of
respect for institutions. In his rise to power, he has never
thought much about the importance of institutions, such as
political parties or even the judicial system.

If he fell back on the impeachment as a constitutional
process, he did so only because he thought he could use it as a
shield to keep his legitimacy and to survive politically. He
thought that his popularity with the masses gave him a mandate to
ignore institutions. It is not surprising therefore that he does
not recognize the Sandiganbayan's jurisdiction over the case
filed against him.

-- Philippine Daily Inquirer/Asia News Network