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October 23, 2007, The Daily Tribune, Erap gives up on justice system, seeks pardon,

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October 23, 2007, The Daily Tribune, Erap gives up on justice system, seeks pardon

"I cannot get justice from the courts" --Estrada

Saying he no longer believes in the country's justice system as constituted today and that he has given up on the system knowing he cannot expect to have the justice he deserves, deposed President Joseph Estrada, through his counsels, yesterday sought a full, unconditional and absolute pardon from President Arroyo.

Mrs. Arroyo was informed through a letter that his motion for reconsideration is to be withdrawn.

In a brief telephone interview, Estrada confirmed that his lawyers have advised him that he may as well seek a pardon from Mrs. Arroyo, saying even if he keeps up the fight, it would be a useless fight all the way to the Supreme Court (SC), given the composition of the courts trying his case.

He also told the Tribune yesterday he no longer can trust the justice system to provide him the justice he deserves, pointing out that he cannot expect the three justices of the Sandiganbayan Special Division, along with the SC, to overturn his conviction.

"I took the legal route, hoping that the justice system works, that the law would reign over politics in the judiciary," Estrada said, adding, "unfortunately, it is politics that rules in the judicial system."

Sources from the Estrada camp also pointed out that the three justices cannot be expected to follow the law on plunder and base their decision on the merits of Estrada's motion, as they are all biased against him.

The sources added even if Estrada goes all the way to the high

The sources added that even if Estrada goes all the way to the high court, his conviction will not be reversed, given the fact that the high court justices were active participants in his ouster, and that the SC chief justice, Reynato Puno, cannot be expected to overturn his own ponencia.

Puno was the ponente in the legitimacy case Estrada filed against Mrs. Arroyo in 2001.

"There is no hope for him (Estrada) to seek the justice he deserves from either the Sandigabayan justices or the high court," the sources said, noting that Presiding Justice Teresita de Castro, aside from being an appointee of former President Fidel Ramos, is also eyeing the SC seat that has recently been vacated. Justice Diosdado Peralta, is the godson of Mrs. Arroyo's father, while Justice Villaruz is said to have an axe to grind against Estrada, as he was bypassed for a justice position when Estrada was in the presidential office.

A lawyer from Estrada's defense panel, who asked not to be identified, said that from the start of the former President's legal battle, it was clear that he would not be able to win his case.

"How can we expect to win his case when the Supreme Court justices participated in his unconstitutional removal from office, and invented the 'constructive resignation' to justify his ouster?", the lawyer stressed. "For the court to acquit President Erap is to admit that the Supreme Court erred, and that Mrs. Arroyo is not the legitimate president. No lower court can overturn what the Supreme Court had already decreed."

Acting Justice Secretary Agnes Devanadera yesterday informed the media that Estrada, through his lawyer Jose Flaminiano, had already informed Mrs. Arroyo of his withdrawal of the deposed leader's motion for reconsideration on his verdict at the Sandiganbayan.

"Although persuasive consti-tutional and legal grounds have been alleged in the motion for reconsideration which may justify the reversal of the judgment of conviction, our consensus is that there is a very slim chance that the Sandiganbayan will reconsider its original guilty verdict," the defense panel said in its letter.

It added that filing an appeal before the SC would be futile since it would take years before a favorable judgment would be passed.

"The time has come to end President Estrada's fight for justice and vindication before the courts. Today, we filed a withdrawal of his Motion for Reconsideration," Flaminiano said in the letter sent to Malacanang on the same day, "adding that -- President Estrada himself believes that appeal to the Supreme Court would be futile, for even the possibility of a favorable judgment will not justify several more years of detention."

Flaminiano sought the presidential grant of Estrada's "full, free, and unconditional pardon."

In the counsels' letter, it was stated that "although we are confident we can obtain a reversal of the guilty verdict from an impartial tribunal, President Estrada will necessarily remain in detention while his appeal is being heard. An acquittal after more than 10 years in detention is unjust. The time has come to end President Estrada's fight for justice and vindication before the courts. Today, we filed a withdrawal of his Motion for Reconsideration. President Estrada himself believes that appeal to the Supreme Court would be futile for even the possibility of a favorable judgment will not justify several more years of detention," Flaminiano said in his letter to Mrs. Arroyo.

Flaminiano said the ouster of Estrada from the presidency and to live with that humiliation for the rest of his life was a severe punishment in itself and may be equivalent to serving a long jail term.

"He (Estrada) deserves sympathy, compassion and understanding. He is now 70, has borne suffering with grace and dignity, despite not being in the best of health. He often frets about the delicate condition of his (102 year-old) mother. Her situation deteriorated when she learned what has befallen her son. Knowing he is a free man should be one of the last thoughts a recuerdo (souvenir) she should carry when she goes to her final resting place, in total serenity," he said.

The President directed Devanadera to study the request and submit a recommendation at the soonest time possible.

Devanadera said she sees no reason not to heed the request of Estrada and promised to come out with a recommendation to the President within this week.

She stressed that the granting of a pardon to Estrada is the sole prerogative of Mrs. Arroyo but hinted that if everything goes smoothly, the former leader might be released even before All Souls' Day on Nov. 1 or next week.

"He (Estrada) might not only have a Merry Christmas but a Happy All Souls' Day," Devanadera said, adding that one of the concepts of unconditional pardon is the presumption of innocence to the beneficiary.

She said a necessary dialog with Estrada' s lawyers will be conducted soon and she would ask for the copy of the withdrawal of the former leader's Motion for consideration lodged before the Sandiganbayan.

Devanaderea said Estrada's decision is practical because if he pursues a legal battle all the way to the SC, it could take him 10 years to a get a finality of the ruling.

"Considering that he (Estrada) is already 70 years old and with an ailing mother, he is just being practical," she said.

Explaining the process of a presidential grant, Devanadera said the first step is for her to verify the withdrawal of Estrada's MR before she comes up with a recommendation to the President, and stressed that it will still be Mrs. Arroyo's decision on whether to grant that which Estrada seeks.

Flaminiano confirmed that a letter had been sent to Mrs. Arroyo, saying it was the lawyers of Estrada who agreed to withdraw the motion for reconsideration, adding that "It is already difficult to reverse the Sandiganbayan's ruling."

Estrada maintains he is innocent of the crime of massive corruption.

"I will accept an absolute or unconditional pardon without any conditions," the charismatic former movie star Estrada told Agence France-Presse in a telephone interview.

"I will never admit I am guilty. I have been in detention for six years and went to the court. I could have left the country, but I did not."

Estrada, speaking from his villa where he is under house arrest, stressed he would flatly reject any pardon offer that included an admission of wrongdoing.

Estrada, who was deposed in an Army-backed Arroyo coup de'tat in 2001, is the first President convicted of plunder in Philippine history.

It was alleged that he had amassed more than P3 billion in wealth gained through tax kickbacks and illegal gambling payoffs.

He was sentenced to reclusion perpetua of up to 40 years by the Sandiganbayan.

Initially, Estrada had refused to seek pardon and wanted to appeal his case all the way up to the Supreme Court.

For his part, Interior chief Ronaldo Puno expressed satisfaction that Estrada has sought a presidential pardon for his conviction on plunder.

It was Puno who earlier offered Estrada the pardon, on an "unofficial capacity." With Sherwin C. Olaes and Benjamin B. Pulta

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