Supreme Court votes 13-0 for GMA

It’s all over for Joseph Estrada.

Voting 13-0, the Supreme Court upheld yesterday the legitimacy of the Arroyo administration, saying Estrada relinquished the presidency on Jan. 20, the final day of people power II.

"In a democracy, it is the people who count; those who are deaf to their grievances are ciphers," the Supreme Court said in its 65-page decision which Justice Reynato Puno penned.

The decision, released by Justice Josue Bellosillo late last night, paves the way for the prosecution of Estrada, who could face the death penalty if he is convicted of plunder.

With its landmark decision, the High Tribunal in effect lifted its 30-day temporary restraining order which prevented Ombudsman Aniano Desierto from filing in court six cases of plunder against Estrada. The disgraced leader faces immediate arrest and won’t be eligible for bail once the cases reach court.

President Arroyo hailed the decision as "a victory not just for me but for the entire Filipino nation."

Her spokesman Renato Corona said the President was immediately informed of the Supreme Court decision. "To say that we are pleased with the decision is an understatement," Corona said.

Bellosillo, who was the last to sign the ruling, said the case is so important that the decision had to be released immediately.

In rendering its decision, the magistrates adopted a so-called "totality test" of circumstances surrounding Estrada’s implied resignation, the most notable of which were those former Executive Secretary Edgardo Angara narrated in his diary.

"Using this totality test, we hold that Estrada resigned as President," they maintained.

The SC added: "The proposal for a snap election for president in May where he would not be a candidate is an indicium that Estrada had intended to give up the presidency even at that time."

"This is proof that Estrada had reconciled himself to the reality that he had to resign. His mind was already concerned with the five-day grace period he could stay in the palace. It was a matter of time," Puno wrote.
The deposed president’s Jan. 20 press statement was also cited as basis that he wanted to resign. "Certainly, the national spirit of reconciliation and solidarity could not be attained if he did not give up the presidency."

It was not likewise necessary for the 63-year-old former actor to be convicted in the aborted impeachment trial. "Such a submission has nothing to commend itself for it will place him in a better situation than a non-sitting President who has not been subjected to impeachment proceedings and yet can be the object of a criminal prosecution."

While all 13 magistrates were unanimous on the legitimacy of the Arroyo administration, four "reserved" their votes on Estrada’s immunity from criminal prosecution. Three were appointed to the Supreme Court (SC) by Estrada: Bernardo Pardo, Consuelo Ynares-Santiago and Angelina Sandoval-Gutierrez. The fourth, Santiago Kapunan, was appointed by Fidel Ramos.

"By no stretch of the imagination can these crimes (plunder, bribery and graft), especially plunder which carries the death penalty, be covered by the alleged mantle of immunity of a non-sitting president," Puno added.

"The rule is that unlawful acts of public officials are not acts of the State and the officer who acts illegally is not acting as such but stands in the same footing as any other trespasser."

Estrada has 15 days to file his appeal. Observers, however, noted that it is unlikely for the SC to overturn a decision of the entire bench.

Earlier, Chief Justice Hilario Davide Jr. and Justice Artemio Panganiban inhibited themselves from taking part in the deliberations upon the petition of Saguisag, who said the two had gone to EDSA to swear in Mrs. Arroyo as President last Jan. 20. Davide and Panganiban, however, emphasized that Saguisag’s argument had no basis.

No revolutionary government

Meanwhile, Malacañang vehemently denied yesterday that President Arroyo’s camp was readying a plan to declare a revolutionary government and suspend the May elections in case the Supreme Court rules against the legitimacy of her administration.

Presidential Spokesman Renato Corona said the scenario was invented by "a desperate person out to destroy the credibility of the new government."

"I vehemently deny a news report that there is a plot to declare a revolutionary government or even suspend the elections if the court rules against the government and stops the filing of charges against Mr. Estrada," Corona said.

He also denied the Palace was pressuring the SC to rule in favor of the government.

"They are accusing us of destroying the rule of law and the democratic process – the things we fought for at EDSA. It is not only illogical, it is totally wrong," Corona said.

He expressed confidence the High Court would uphold the legality of the Ombudsman’s right to file charges against Estrada for crimes committed during his presidency.

"We are glad that after EDSA, the people are now more mature and able to discern between truth and lies," Corona said.

Unlucky 13

The decision was originally expected on March 13. It was not immediately known why the decision was made earlier, but rumors swept Metro Manila yesterday that Estrada supporters were teaming up with Marcos loyalists to storm Malacañang if the deposed president lost his case before the Supreme Court.

The original date was seen as a bad omen for Estrada, who reportedly suffers from triskadekaphobia, the fear of the number 13. Estrada reportedly disclosed this fear to his former friend who later turned against him, Ilocos Sur Gov. Luis "Chavit" Singson.

Estrada is the country’s 13th president. Because his name has 13 letters, he makes sure he signs with his surname Ejercito or a middle initial.

He was impeached by Congress on Nov. 13. Singson started his testimony on Dec. 13 and the most damaging testimony was given by the 13th witness, Equitable PCI Bank senior vice president Clarissa Ocampo.

During his impeachment trial, witness Menchu Itchon testified that she was ordered by her boss Singson to drop one letter in the 13-letter word Fountainebleu in the Mimosa Leisure Estate at Clark. The casino was renamed Fontainebleu.

There was nothing Estrada can do when the inhibition of Davide and Panganiban left his fate in the hands of 13 justices.

Corona said the Arroyo administration "never doubted" that it would win the case.

"Now that this has been finally settled, we will just continue with our jobs," Corona said. "Anyway, we have never been distracted by this petition."

Asked to comment on the possible filing of a motion for reconsideration, Corona replied, "Wala na sigurong mangyayari roon (Probably nothing will come out of it)."

The government formally asked the Ombudsman yesterday to file plunder charges against Estrada for enriching himself in office.

Legal issues partly to blame for market slump

Malacañang admitted yesterday that legal efforts of ousted President Joseph Estrada to question the legitimacy of the new government are partly to blame for the current slump in the stock market and the slow recovery of the peso against the dollar.

Presidential Spokesman Renato Corona noted that most businessmen have apparently decided to suspend investment plans until the Supreme Court (SC) issues a ruling on the former leader’s petition. – With Marichu Villanueva