Clashes mark opening of Estrada immunity case

Anti-Estrada protestors formed a picked line outside the Supreme Court in Manila

By Staff and wire reports

MANILA, Philippines -- Supporters of ousted Philippine President Joseph Estrada clashed with police at the country's Supreme Court Thursday, as hearings began on the constitutional legitimacy of his successor.

Lawyers for the former leader are calling on the court to declare the presidency of Gloria Macapagal-Arroyo unconstitutional on the basis that their client had never officially resigned.

The landmark case is expected to decide, once and for all, just who is the president of the country.

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CNN's Atika Shubert interviews Joseph Estrada on his political struggle Play video (QuickTime, Real or Windows Media)

Estrada's lawyers say their client never formally resigned the presidency and Arroyo is only acting president.

Under the Philippine constitution, a legal ruling in Estrada's favor would confirm his immunity from possible criminal prosecution on corruption charges.

'President Erap'

Estrada supporters have vowed to set up camp outside the court building to force the 15-member high tribunal to vote in Estrada's favor.

Some said they would remain on the street until Estrada is reinstated as president.

Riot police clash with protestors outside the court

As hearings began about 500 protesters threw stones and bottles at riot police. Many waved flags with the slogan "President Erap" - the nickname of the former movie star turned president.

Others waved photographs of the deposed leader chanting "Erap come back".

The former leader, forced to stand down amid a wave of street protests last month, has insisted that he did not resign as president arguing that Arroyo "assumed office through mob rule."

Charges postponed

His supporters were encouraged by the Supreme Court's decision Thursday afternoon ordering the ombudsman, who tries graft cases against past and incumbent government officials, to postpone the filing of criminal charges.

Ombudsman Aniano Desierto was asked to justify in five days why criminal charges should be filed, and Estrada and Arroyo lawyers were given two days to react to the ombudsman's response.

The move effectively gives Estrada a seven-day reprieve from facing criminal charges. Estrada himself did not appear in court, but in a petition filed earlier this month he asked the court to declare his successor as acting, rather than permanent, president.

Arguing against the Estrada petition Thursday, Justice Secretary Hernando Perez stressed that Arroyo was the "nationally and internationally recognized successor".

"The former president had lost all power being rendered permanently incapable of exercising his executive functions," Perez said. "He had lost the support of the people."

Chief Justice Hilarion Davide begins proceedings. A ruling in Estrada's favor would confirm his immunity to any corruption charges

Arroyo was sworn in as Estrada's successor on January 20 after the Supreme Court declared the presidency vacant.

'On leave'

But Estrada's lawyer, Rene Saguisag, said Estrada had stepped down "out of prudential consideration" due to threats from protestors who marched on the presidential palace.

Estrada is just "on leave," Saguisag said. "There is no resignation letter."

Perez also told the Supreme Court that Arroyo was obliged to assume the presidency in order to prevent bloodshed saying he had reports that a military coup was in the works, ready to set up a junta with Estrada as the civilian figurehead.

"There were briefings to the effect that a joint civilian-military junta might take over with the former president as titular head," the lawyer said.

"It became paramount that we follow the constitution and give the reins of government to the constitutional successor." He added that the coup threat grew out of Estrada's impeachment trial linking the ousted president to millions of dollars in bribes, kickbacks and other alleged illegal earnings kept in secret bank accounts.

The decision to reject bank evidence linking Estrada to corruption aborted the trial and spurred four days of massive protests that eventually led to his downfall.

The Supreme Court is expected to rule this month on the legitimacy of Arroyo's presidency and Estrada's claimed immunity.

However, analysts say it is unlikely the court will rule against Arroyo, having itself sworn her into office amid a wave of popular protests.

The Associated Press & Reuters contributed to this report.

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