Estrada takes battle for presidency to Supreme Court
Estrada takes battle for presidency to Supreme Court
MANILA (Reuters): Deposed Philippine leader Joseph Estrada
asked the Supreme Court on Monday to stop an investigation into
his alleged criminal offenses, declaring he was still president
and therefore had "absolute immunity" from lawsuits.
In his first formal challenge to President Gloria Macapagal
Arroyo's two-week-old government, the former film actor told the
court he was still the "incumbent President" who only temporarily
handed power to Arroyo.
Estrada filed the Supreme Court petition as the government
ombudsman began a preliminary investigation of complaints against
him ranging from corruption and bribery to economic plunder -- a
charge which carries the death penalty.
Arroyo's Justice Secretary Hernando Perez dismissed Estrada's
claims.
"We will respond by filing more cases against him," he told
Reporters.
Estrada was ousted from office on Jan. 20 when the Supreme
Court stripped him of his title and swore in Arroyo as the new
president, capping a "people power" revolt in which hundreds of
thousands of protesters across the country demanded his
resignation.
Estrada told the court he had not resigned the presidency and
said he was "merely on a leave of absence from the Office of the
President".
He asked the court to order the ombudsman to stop its
investigation of the cases against him "until after the term of
petitioner as president is over and only if legally warranted".
Estrada -- who referred to Arroyo as the "acting president" --
added he did not expect a fair trial in a situation where a
hostile media were urging he should be jailed and calling him
"liar, thief, criminal, snake".
The court did not say what it would do with Estrada's
petition. Under court rules, it may call a hearing on Estrada's
challenge before issuing a verdict or dismiss it as being without
merit.
Ombudsman Aniano Desierto on Monday gave Estrada until Feb. 12
to rebut the cases against him, after which the ombudsman's
office would decide whether to prosecute the cases in court or
throw them out.
"Based on the evidence we have at present, there is a basis to
prosecute Erap," Desierto told reporters, referring to the former
president by his popular nickname which, spelt backward, means
"buddy" in Filipino.
"But the prosecutors will have yet to see the evidence of
Estrada. He might be able to controvert it," Desierto added.
Estrada faces the prospect of being jailed immediately because
economic plunder is a capital offense and not bailable, Justice
Secretary Hernando Perez said.
"Some people are suggesting he should be placed only under
house arrest but I am against it," Perez said in a radio
interview.
"Everyone should be treated equally, however powerful or low
you are, however rich or poor you are... You go to jail
immediately."
The cases against Estrada stem from allegations that he took
millions of dollars in bribes from illegal gambling syndicates
and from tobacco excise taxes skimmed by a former ally.
Prosecutors in Estrada's abortive impeachment trial said last
week they had unearthed evidence that he had illegally amassed 10
to 15 billion pesos ($204 million to $306 million) while in
office.
The trial collapsed after prosecutors walked out, charging the
court had suppressed key evidence.
Estrada has denied any wrong doing. About 18 other people are
facing investigation before the ombudsman, including his wife and
one of their sons.
Last week, the Estradas asked the ombudsman to suspend
proceedings against them until passions had died down.
"The present lynch mob mood of hatred and vengeance...will not
permit a dispassionate, non-partisan and non-vengeful resolution
of this case," they said in their petition.