Protest fears drive Estrada court delay

The military feared a backlash from Estrada's supporters

By CNN's Hope Ngo

MANILA, Philippines -- The Philippine anti-graft court is postponing a scheduled hearing at which former president Joseph Estrada would have been arraigned on perjury charges.

Estrada's lawyer Rene Saguisag told CNN that the military believe the former leader's court appearance could trigger mass protests, which may be difficult to contain.

"Their (The military's) resources are spread out very thinly due to the requirements of (Monday's) elections," Saguisag said.

Estrada was originally scheduled to appear before the body on Thursday.

The former actor was arrested last month on a separate charge of economic plunder. He is now being detained at the Veterans' Memorial Hospital in Manila.

Saguisag said Estrada will be arraigned separately for the three cases now pending before the anti-graft court or Sandiganbayan.

A legal thicket

The change of dates only adds to the confusion surrounding government attempts to bring Estrada to justice for alleged widespread corruption during his term of office.

Just last month, government prosecutors said they would file eight cases of graft, corruption, plunder and perjury against Estrada, who was ousted by popular protests on January 20.

One week later, they announced they would drop several of the charges to concentrate on economic plunder, which is a capital offense in the Philippines.

Estrada's lawyers believe the shuffling may hide the fact that the government's case is not as strong as it wants the public to believe.

Estrada's wife is in the 'magic 13' group of candidates expected to win a seat in the Senate

When the former leader's trial begins, prosecutors are expected to present the same evidence that was unearthed and brought to the table at Estrada's impeachment hearing, which began last year.

But legal sources say the evidence will be viewed in a different light.

"The impeachment trial was political, not judicial," a lawyer who asked not to be identified said. "During the impeachment trial, prosecutors were asking that Estrada be taken out of office."

"But now they're talking about sending him to jail. But for what? This is when lawyers begin to think things through.," the source told CNN.

"This is a legal thicket, especially when you're trying on an untried law like economic plunder. It can get quite sticky," the source said.

'In a fine mood'

But the former president seems unperturbed by his legal problems, at least for now.

"He (Estrada) seems to be in a fine mood," Saguisag told CNN.

"He didn't get all that he wanted in the elections, but it seems the (Arroyo) administration is more unhappy," he said.

"His wife (Luisa Ejercito Estrada, who is running for a seat in the Senate), a political non-entity a few months ago, is doing well. The 'usual suspects' (fugitive senatorial candidates Panfilo Lacson and Gregorio Honasan) behind the May day trouble are doing well," Saguisag said.

Winners of Monday's elections are not expected to be known for some time

"All in all, there is no reason for Mr. Estrada to be unhappy," he said.

Allies of President Gloria Macapagal Arroyo are holding on to eight of the 13 seats up for grabs in the Senate, according to an unofficial count by the National Movement for Free Elections.

Four slots are occupied by pro-Estrada senatorial candidates, while one slot is in the hands of an independent candidate.

The government Commission on Elections have only just begun tallying the national totals, and they are not expected to have the final result of Monday's vote for at least another week.

The Associated Press contributed to this report.