Estrada arraigned on plunder charge

By staff and wires

MANILA, Philippines -- Ousted president Joseph Estrada has been arraigned on the capital offense of economic plunder.

Last-minute activity from his lawyers aimed at quashing the case on constitutional grounds, or gaining a delay, failed as the courts stood firm on proceeding against the former action film star accused of taking millions of dollars in bribes and kickbacks during 31 months in office.

The Sandiganbayan anti-graft court also arraigned Estrada's son Jinggoy, whose term as mayor of Manila's San Juan district expired June 30, and attorney Edward Serapio. In line with his stance on an earlier perjury charge, Estrada did not enter a plea, a move followed by Jinggoy and Serapio on their plunder charges. The justices entered a plea of innocent on their behalf.

The arraignment was delayed for two hours while Estrada's lawyers argued the plunder charge should be dropped because it is unconstitutionally vague. They also claimed the arraignment should be postponed while the Supreme Court considers an appeal.

Supreme Court spokesman Ishmail Khan said justices were unable to tackle the request immediately.

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Accompanied by his wife Loi, who recently was elected to the Senate, the 64-year-old Estrada arrived at the Sandiganbayan from a nearby military hospital where he has been treated for minor ailments.

Emerging from an elevator, the unsmiling Estrada was escorted by guards as he walked toward the packed courtroom, nodding but not waving at the crowd.

Inside, his daughter and two other sons embraced and kissed him. He then sat down, his face illuminated by constant camera flashes.

Security was tight at the court house.

Although only a relatively few Estrada loyalists took to the streets during his first court appearance, the government wanted to avoid a repeat of violent protests which hit Manila on May 1.

During those riots at least six people were killed as thousands of supporters of the former president, angry at his indictment, tried to storm the presidential palace.

Estrada was arrested in April after being forced to step down by a military-backed popular uprising in January.

Delaying tactics

Police kept several hundred Estrada supporters from anti-Estrada protesters.

"He should not be accused of plunder because he has done a lot of good things to the people," said Leonila Llagas, an elderly woman who backs Estrada, familiarly known by the nickname "Erap."

Riot police pushed away about 100 anti-Estrada protesters yelling "Erap guilty!" setting off a brief scuffle. No arrests or injuries were reported.

Estrada was ousted in January amid mass street protests. He has claimed he did not take a single penny of corrupt money.

While plunder -- an offense for which no bail is permitted -- is punishable by death, there is little chance that the man who won a six-year term in 1998 with one of the largest margins in Philippine history would be executed if convicted.

Prosecutors called the challenges to the plunder charge a delaying tactic.

Cleofe Verzola, one of Estrada's lawyers, denied that, claiming there were important flaws in the accusations.

Jinggoy separately asked that the complaint against him be dropped, and that he be granted bail.

He claimed he did not qualify for plunder -- the systematic theft from the state of $960,000 or more -- because he was accused of taking $38,000 in illegal gambling payoffs.

Sandiganbayan Justice Anacleto Badoy made no immediate ruling.

The Associated Press & Reuters contributed to this report.