Sandiganbayan appoints new lawyer to defend Erap

The Sandiganbayan appointed yesterday a former counsel of jailed Pre-sident Joseph Estrada to represent him in the corruption charges he is facing in the anti-graft court, replacing veteran lawyer Prospero Crescini, who quit over his irreconcilable differences with another Estrada lawyer.

In a four-page resolution, the special division designated former Manila chief prosecutor Jose Flaminiano, a seasoned trial lawyer who represented Estrada in the December 2000 Senate impeachment trial.

Flaminiano was given three days to inform the anti-graft court about his opinion on the appointment.

The Integrated Bar of the Philippines (IBP) recommended Flaminiano as Crescini’s replacement following an order by the Sandiganbayan justices to find a suitable replacement. However, they insisted that the recommendee must consent to the appointment.

Justices Minita Chico-Nazario, Edilberto Sandoval and Teresita Leonardo-de Castro said Flaminiano "(has) more than sufficient working knowledge with the cases at hand to be able to plunge directly into the active defense of the Estradas."

"With due consideration thereto, this Court hereby acts on the recommendation of IBP by appointing only Flaminiano as one of the counsels de officio for the Estradas," the court stated, noting that with this, prosecutors’ fears of any delay in the trial would be removed.

"In view of the IBP development, it becomes crystal clear that the specter of delay need not spur the parties to conflict. The recommendation by the IBP effectively obviates the possibility of unwarranted delays as forecast by the prosecution," the Sandiganbayan said.

Prosecutors earlier recommended Flaminiano and another former Estrada lawyer, Cleofe Verzola, but defense lawyers said Verzola’s appointment would not sit well with the team due to her tiff with another colleague, court-appointed lawyer Irene Jurado.

The court approved Crescini’s resignation as Estrada’s counsel last month after prosecutors initially gave no objection to his decision.

The 73-year-old lawyer cited "continuing personal and professional losses, failing health" for his decision to quit as Estrada’s counsel and most importantly, his "irreconcilable differences" with lawyer Alan Paguia over legal strategy. Defense lawyer Noel Malaya hinted earlier he would prefer Flaminiano to take the place of Crescini, not only because he has been a colleague in the June 1994 Manila Filmfest scam but also because the former Manila chief prosecutor is a veteran in his field, not to mention his familiarity with the Estrada case.

Flaminiano was actually a member of Estrada’s defense team whom he dismissed in February 2002 along with former Supreme Court associate justice Serafin Cuevas, former senator Renato Saguisag, Versola and lawyers Delia Hermoso, Raymundo Fortun, Felix Carac and Pacifico Agabin.

In dismissing his defense counsels, Estrada cited his loss of confidence in the justice system, prompting the anti-graft court to appoint replacements.