Erap lawyer: ‘We are resigned to a conviction’

(Update) Lawyer Rene Saguisag, co-lead counsel for former President Joseph Estrada, on Friday said the defense panel is resigned to a verdict of conviction against the deposed leader. At the Sandiganbayan, a senior prosecutor said under the law, Sen. Jose “Jinggoy" Estrada will keep his position even if he is convicted of plunder along with his father and lawyer Edward Serapio. Saguisag said the justices of the Sandiganbayan Special Division are bound by the pronouncements of the Supreme Court, which had supposedly rendered virtually nil any chance of an acquittal. “The alignment of the stars is against us. Joseph Estrada’s fate was decided on January 20, 2001 when an overwhelming majority of the members of the Supreme Court went to EDSA to swear Mrs Arroyo into office," he said. “The entire system is against us, the Supreme Court, the administration, the special division. The Supreme Court has already declared that President Estrada is an evil person," Saguisag added. Saguisag said the Estrada camp does not expect a lower court “to tell the Supreme Court that it is wrong." “Still, we are hoping against hope that the justices will see this case the way we see it," Saguisag said. He said despite his predicament, Estrada is buoyed by the continued support of the masses behind him and his family. “Our only consolation is that every survey shows that the people believe in Erap’s innocence. That’s our vindication," Saguisag stressed. The defense lawyer however voiced disappointment at the statement of Special Prosecutor Dennis Villa-Ignacio about Estrada’s chances at an acquittal. “What we’d really like to hear from Villa-Ignacio is that after this case is concluded, he will start really working on (former Justice Secretary Hernando) Nani Perez. As we have said from the start, justice in this government is being administered with an evil eye and an uneven hand," Saguisag said. The Office of the Ombudsman has recommended the indictment of Perez on graft and misconduct charges based on the complaint of extortion filed against him by former Manila Rep. Mark Jimenez. Estrada has accused Perez of pressuring him to flee the country after his ouster in 2001, allegedly promising to make special arrangements to ensure that the former President will not be prosecuted. Jinggoy can’t be touched Villa-Ignacio said Estrada will keep his position even if he is convicted of plunder. “He will stay in the Senate. He cannot be touched even if he is convicted this coming Wednesday. There are still a lot of processes; appeals in the Sandiganbayan and up to the Supreme Court. He will still be a senator unless he is convicted and the Supreme Court affirms it," the prosecutor said. Meanwhile Villa-Ignacio admitted that even if the prosecution wins, the government might have to settle for a lot less than the P4.2 billion that it is seeking to recover from Estrada. “We could not focus on the (forfeiture of the defendants’) properties. The prosecution panel was too busy gathering evidence for the trial. We are going to use the general writ issued by the Sandiganbayan to get as much as we can. But at present, what we have attached is far below P1 billion," he said. Among Estrada assets already covered by the court’s freeze order are the P213 million in a bank account of the Estrada Muslim Youth Foundation. Villa-Ignacio said he is unsure if the so-called Boracay mansion and the other houses allegedly built by Estrada on his loot are covered by the general writ. Not enough seats Sandiganbayan chief sheriff Edgardo Urieta meanwhile announced that only 50 seats have been allotted for members of the press inside the courtroom on the September 12 promulgation. Three first rows in the right side of the courtroom have been seta aside for the prosecution and its guests which will include former Tanodbayan Simeon Marcelo, private prosecutors, Ombudsman Merceditas Gutierrez and other officials of the Office of the Ombudsman. The same numbers of rows would be reserved for Estrada’s family and supporters. The remaining seats are to be given to other parties on a first-come-first-served basis. Urieta reiterated that no still and video cameras, cellular phones, two-way radio handsets and tape recorders would be allowed inside the courtroom. He said, for those who could not be accommodated in the courtroom, an audio-only monitor would be set-up at the second floor rightwing of the Sandiganbayan building where recordings of the proceedings would be permitted.- GMANews.TV