Cops barred from arresting Jinggoy over Mike’s libel case Battling Lou Gehrig's disease - Malaya 08.17.2006

BY DENNIS GADIL

A TEAM of policemen dispatched by a Pasay court yesterday tried to arrest Sen. Jinggoy Estrada at the Senate in connection with a libel case filed against him by Mike Arroyo, the President’s husband.

Estrada, in a privileged speech minutes after the session opened at around 4 p.m., said the move was part of Malacañang’s "incessant efforts and vicious attempts to silence, harass, and intimidate this representation."

"Hours ago, elements of Pasay City police came here, to this very august chamber, to serve the warrant of arrest against this representation, as if I were a common criminal. The police came here to arrest this representation upon special instructions from Malacañang," Estrada said.

The policemen, some in civilian clothes, arrived at around 2 p.m. Senate President Manuel Villar, Senate sergeant-at-arms Brig. Gen. (ret.) Jose Balajadia and other Senate security officials faced the arresting team.

Estrada remained inside his office on the 5th floor.

Estrada said the libel case stemmed from statements he made during a budget hearing last January that Mike Arroyo was the protector of siblings Vicky and Tomas Toh, who are suspected smugglers. Vicky was linked to Arroyo by Sen. Panfilo Lacson in his Jose Pidal exposés three years ago.

The case was filed about three months ago.

Estrada said Villar could attest that the arrest order had the blessings of Malacañang. The arrest warrant was dated Aug. 16, 2006 and signed by Pasay regional trial court Judge Wilhelmina Jorge Wagan.

"One of the police officers shot back at Senate President Villar and sergeant-at-arms Balajadia and said, ‘Pa’no po kung tawagin kami ng Malacañang, ano po ang sasabihin namin?’" Estrada said.

"Maliwanag na nakikialam ang Malacañang para patahimikin ako," he added.

He said Article 6, Sec. 11 of the Constitution clearly provides that no member of the Senate and the House could be arrested for a crime punishable not more than six years while Congress is in session.

"But why have they come here to arrest this representation? Have they no respect for this venerable chamber? Have they no more respect for the Constitution?" he said.

Estrada said he will not hide.

"After the roll call, I will voluntarily submit myself to the Pasay regional trial court, and face the charges leveled against me," he said.

Estrada was set to post a P10,000 bail before the court closed, but he was convinced by some of his colleagues not to go the court yesterday.

Villar said Estrada is immune from arrest because the charge of libel carries an imprisonment of "prision correccional" which sets a maximum of six years.

"Pinauwi na namin ang pulis. Sinabi naming na hindi puwede yun. Pinakita namin ang Konstitusyon (na nagsasabing) talagang hindi puwede yon," Villar told reporters.

He said the brazen attempt of the Pasay police to arrest Estrada arrest shows a pattern of harassment against perceived enemies of Malacañang.

"Nakakagulat ang lakas ng loob nila (police). This is pure harassment. Isang katunayan na wala ng paggalang sa Senado as a democratic institution," Villar said.

Sen. Franklin Drilon said the attempt to arrest Estrada was "at the very least stupid."

"It’s unconstitutional. The attempt to arrest is contrary to the Constitution," he said.

Drilon said the judge who issued the arrest warrant is "ignorant of the Constitution."
"Congress is in session today so Senator Estrada enjoys immunity from arrest. To me, clearly this is political harassment," Drilon said.

Drilon said the case of Sen. Juan Ponce Enrile, who was arrested over charges of rebellion complex during the Aquino administration, was different.

Drilon was then justice secretary.

"The penalty imposed is more than six years... That is the distinction," he said.

Detained President Joseph Estrada said the attempt to arrest his son was "unjustifiable and unlawful."

In a statement, he said the botched arrest was a clear sign there would be no let-up in attempts to silence the opposition, including his son who is at the forefront of investigations into the OWWA fund mess.

"This is a warning to the opposition, that even illegal means will be used against them if they persist in their crusade for the truth. What happened yesterday clearly illustrates this policy, but I know my son well enough to know that even the most blatant form of intimidation will not stop him from ferreting out the truth," he said.

"We are aware of the backlog of cases before the courts, which makes the issuance of the warrant of arrest against Sen. Estrada even more suspicious and may lead others to believe that a double standard of justice truly exists in our country," he said.