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.