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Estrada challenges his successor
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DEPOSED Philippines President Joseph Estrada filed a suit with the Supreme Court yesterday, questioning the legitimacy of his successor.
Estrada's lawyer Rene Saguisag said the petition is the first direct challenge to the presidency of Gloria Macapagal-Arroyo who was sworn in on January 20, the same day swelling street protests forced Estrada to leave the presidential palace.
"We believe that Gloria usurped the office of permanent president. She is only acting president," Saguisag said.
Saguisag also questioned the Supreme Court resolution allowing Macapagal-Arroyo to take her oath as president because there was no vacancy.
"What was inaugurated on January 20 was a banana republic," he said.
He said Estrada left the Malacanang presidential palace to avoid violence, but he kept the presidency.
Estrada was toppled in a military-backed popular uprising on January 20.
He has since fought back in the courts, challenging the legality of a government order freezing some of his bank accounts and asking the Supreme Court to stop a criminal investigation into his alleged corruption.
"We believe this is not a legitimate government and that is why there is a threat to put him on house arrest without a hearing, a 'hold-departure' order, it's frightening," said Saguisag, a former senator.
Former movie star Estrada, 63, declared last week that he remained president "on leave" and that Arroyo was merely the "acting president".
The new government has dismissed his claim, suggesting that he feared going to jail and was trying to invoke presidential immunity from suits.
State prosecutors are studying a complaint for plunder, diversion of public funds, corruption, and illegal acquisition of wealth against Estrada, who has been accused of amassing between US$200 and 300 million in his 30 months in office.
Plunder is punishable by death, and Estrada would face immediate arrest if government lawyers decide to charge him in court. Prosecutors said they would decide by the end of the month.
Ombudsman Aniano Desierto said yesterday that "in the absence of any order from the Supreme Court, we will proceed with the investigation". (SD-Agencies)
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