"All pleadings must be submitted by next week as (the) court will determine how much time will be given to (try the case)," said Presiding Justice Teresita Leonardo-de Castro, special division chairwoman.
Defense lawyers led by former senator Rene Saguisag had asked the special division to allow Estrada to be released on recognizance to either Archbishop of Cebu Ricardo Cardinal Vidal or his wife, Sen. Luisa Ejercito.
Saguisag, quoting Justice Secretary Raul Gonzalez, said being released on recognizance is an available option for someone facing a capital offense.
The four American soldiers accused of raping a 22-year-old Filipina could avail of that legal option, he quoted Gonzalez as saying.
Estrada’s lawyers asked the court that Estrada be released on recognizance and temporarily moved to his house on Polk street in North Greenhills Subdivision in San Juan in order to prepare for his court appearance.
In response, government lawyers led by Special Prosecutor Dennis Villa Ignacio has asked the court to terminate the defense’s presentation of evidence.
Prosecutors said Estrada could no longer claim he has been denied due process if the proceedings are terminated because the defense has had almost three years to prepare their evidence since the government’s last witness testified in April 2003.
However, retired Manila fiscal Jose Flaminiano, another lawyer of Estrada, said the defense is set to present Estrada himself and another witness whom he refused to identify.