April 4, 2001, The Philippine Star, Supreme Court: It's final, Estrada's out, by Delon Porcalla,

This time it's final: Joseph Estrada is no longer president, he's not immune from criminal prosecution, and he can't appeal this ruling.

Again voting 13-0, the Supreme Court (SC) junked for the second time an appeal by the deposed leader to regain the presidency, ending two months of legal battles between him and his successor President Arroyo.

The court also voted to strip Estrada of presidential immunity, paving the way for the filing of a string of criminal charges against him, notably corruption and the capital offense of plunder.

In Bacolod City, the President refused to comment on the decision but said the ball is now in the hands of the Office of the Ombudsman and it is now for Estrada to answer the charges.

At Malacanang, Presidential Spokesman Renato Corona said they had expected the High Tribunal to vote unanimously on the Estrada motions. "Of course we're happy with the decision," Corona said.

The disgraced leader had asked the High Court to reverse its March 2 decision affirming the legitimacy of the Arroyo administration.

In handing down the ruling yesterday, the tribunal indicated it was final and would no longer entertain further motions for reconsideration.

While the SC did not explicitly say it in its decision, rules of court provide that a denial of a motion for reconsideration makes the ruling final and executory. The SC's present leadership also does not allow a second appeal.

"The Supreme Court will not entertain a second motion for reconsideration," said assistant clerk of court Maria Luisa Villarama.

The 43-page ruling penned by Justice Reynato Puno also effectively lifted the extended restraining order initially issued by the SC on Feb. 20 that prevented the Ombudsman from pursuing charges against Estrada.

The court pointed out that the petitioner merely used "rehashed arguments and thinly disguised new spins to assert his claim to the presidency.

"Indeed, Estrada's stubborn stance cannot but bolster that the cases at bar were filed not really for him to reclaim the presidency, but just to take advantage of the immunity attached to the presidency and thus, derail the investigation of the criminal cases pending against him in the Office of the Ombudsman," the decision stated.

It added that as a non-sitting president, Estrada cannot claim executive immunity for his alleged criminal acts while he was still in power.

Chief Justice Hilario Davide Jr. and Justice Artemio Panganiban, who inhibited themselves from the decision, said Estrada cannot claim double jeopardy since he was not convicted by the impeachment court presided by Davide himself.

"Estrada failed to show that the postponement of the impeachment proceedings was unjustified, much less that it was for an unreasonable length of time," the decision noted.

The justices dismissed as "exaggeration" Estrada's claim that he still enjoys popular support.

"Estrada keeps on pounding on the adverse publicity against him, but fails to prove how the impartiality of the panel of investigators from the Office of the Ombudsman has been infected by it," Puno wrote.

Estrada's son Joseph Victor "JV" Ejercito acknowledged that the decision was a major defeat that effectively ends his father's legal challenge.

"The High Court of the land seems to be influenced by the ruling elite which has no other intention but to stay in power," Ejercito said. "It is a sad day for the Filipino people."

He insisted that his father still holds sway among the nation's poor and predicted that the alleged continued persecution of his father would trigger large scale rallies. "We do not know if we can control their tempers," he warned.

Estrada met with his lawyers after the ruling was handed down, but made no immediate comment.

In a statement, former Sen. Rene Saguisag, lead lawyer of Estrada, said they would convene to plan their next move.

Estrada was forced to step down on Jan. 20 at the height of a military-backed popular uprising called people power II.

Earlier that day, Davide administered the oath of then Vice President Gloria Macapagal Arroyo as Estrada's constitutional successor.

Estrada asserted, however, that he remained the duly elected leader since he never formally relinquished his post, adding that Arroyo was merely serving in an acting capacity.

The SC rejected Estrada's initial petition, but his lawyers filed two motions for reconsideration.

Taking cognizance of the appeals, the Court ordered an indefinite stay of filing of the criminal charges lodged by the justice department and private complainants with the Office of the Ombudsman.

Ombudsman Aniano Desierto has indicated there was strong evidence to warrant the filing of the cases before the Sandiganbayan, but vowed to abide by the SC's restraining order.

The prosecution panel in the failed impeachment trial of Estrada has claimed the ousted president amassed P10 billion to P15 billion during his 31-month stay in power.

Documentary and material evidence gathered by the prosecutors were turned over to private lawyers to be used against Estrada in the criminal proceedings.

The charges against Estrada could include misuse of public funds, bribery, possession of unexplained wealth, graft and plunder which is punishable by death.

But some Estrada supporters said the imminent arrest of the former leader could precipitate popular support for him, resulting in a major victory of the opposition coalition in the May 14 elections.

Re-electionist Sen. Miriam Defensor-Santiago said incarceration of Estrada would "most likely unleash a tidal wave of sympathy not only for him, but also for the entire opposition senatorial ticket."

Corona expressed optimism that the Sandiganbayan would issue soon an arrest warrant against Estrada. "We hope soon enough because the people are waiting for the Ombudsman action on this," Corona said.

Overall Deputy Ombudsman Margarito Gervacio Jr. said charges against Estrada may be filed within the week. "When we receive the final copy (of the SC ruling), within that day we can make the necessary action."

Gervacio said they have completed preparation of the seven plunder cases which included the testimonies of former Government Service Insurance System president and general manager Federico Pascual and former Social Security System chairman Carlos Arellano.

Gervacio said the two plunder cases against Ilocos Sur Gov. Luis "Chavit" Singson, chief accuser of Estrada, have also been finished by graft probers and will be included in the resolution.

Although disappointed with the SC decision, Estrada expressed confidence that history would be kinder in treating his presidency.

In a statement, the opposition Puwersa ng Masa-Laban ng Demokratikong Pilipino (PnM-LDP) said he is "ready to face the consequences of this latest court ruling."

PnM-LDP spokesman Crispin Remulla charged that the SC has abdicated its role as an independent branch of government and become the legitimizer of a clearly illegal government.

"We are also frightened by the SC ruling in the sense that clearly, we are no longer operating in a society based on the rule of law, but of a society subject to pressure by the mob," he added.

He urged the Arroyo administration to "put a stop to the almost daily Estrada-bashing in the media and to stop squandering government resources and personnel in an overkill attempt to further demonize Estrada in the eyes of the public."

"We appeal to the Arroyo government to now focus its attention on attending to the basic needs and problems of the people, like rising food prices and the problem of unemployment, instead of wasting government money in destroying (former) President Estrada," the statement said.

Team to arrest Estrada formed

A composite team of law enforcers formed to carry out the arrest of President Estrada was formed following the SC decision.

A Camp Crame source said the Ombudsman may file the charges anytime soon. Since plunder is a capital offense, Estrada's arrest would necessarily follow.

Authorities have reportedly drawn up a contingency plan to cope with the situation, including preparation of a special detention cell for the former president.

"We are ready to move in any time to effect his arrest," said a military official who was picked as a member of the arresting team.

The Kilusang Mayo Uno (KMU) urged the Arroyo administration to immediately arrest and prosecute Estrada for his alleged crimes.

The KMU warned of massive protest actions in case the court gives Estrada a clean bill of health.

On the other hand, the militant Bagong Alyansang Makabayan urged the SC not to hinder the immediate arrest and prosecution of Estrada.

"The Filipino people have spoken. They have ousted a criminal president and the right thing to do is to set aside all obstacles to Estrada's arrest and prosecution. Why the court has given Estrada leeways and opportunities for a possible escape is everybody's guess," the group said in a statement.

Former Executive Secretary Edgardo Angara said he was saddened by the SC ruling, but expressed hope it is not yet final and "may be revisited."

A spokesman for the opposition coalition said the decision will not affect the party’s campaign schedule.

In another development, Estrada and the opposition senatorial candidates, among them his wife Dr. Luisa Ejercito, were heartened by a huge crowd that attended their rally Monday night in Iloilo City.

"With the spontaneous response and the big crowd that came here, we will win in Iloilo City," Estrada told The STAR.

In his speech, Estrada lashed out at re-electionist Sen. Franklin Drilon, a member of the administration senatorial ticket, for abandoning him amid the corruption scandal set off by Singson.

"I made him (Drilon) a Senate president and appointed his brother as a Cabinet secretary, but in the end he deserted me," Estrada rued. --With Aurora Alambra, Marichu Villanueva, Efren Danao, Antonietta Lopez, Sandy Araneta, Jaime Laude, Romel Bagares, Leo Solinap