During the same year, the counsel de parte of accused FPres. Estrada and Jinggoy Estrada all withdrew their appearances.  The Court on March 1, 2002, in order to protect the rights and interest of the accused, appointed the Public Attorneys Office (PAO) and those who have been recommended by the Board of Governor of the Integrated Bar of the Philippines, to represent accused FPres. Estrada and Jinggoy Estrada as counsel de oficio, namely, Former Presiding Justice of the Sandiganbayan Manuel Pamaran, Atty. Prospero Crescini, Atty. Irene Jurado and Atty. Manuel Malaya.  The PAO lawyers mentioned their duration as counsel de oficio, hence, (Ret.) Presiding Justice Pamaran and the private practitioners represented accused FPres. Estrada and Jinggoy Estrada up to the time the prosecution rested its case and submitted to the Court its Formal Offer of Evidence.  However, before the presentation of the evidence for the defense, accused FPres. Estrada, in a Letter dated September 1, 2004, informed the Court that he have decided to re-engage the services of the members of his original de parte panel of lawyers.

Upon conclusion of the presentation of prosecution evidence and after the Court have ruled on the offer of evidence of the prosecution, accused FPres. Estrada, Jinggoy Estrada and Serapio filed their respective motion for leave of court to file demurrer to evidence.  In a Joint Resolution dated March 10, 2004, the Court granted accused FPres. Estrada’s Motion for Leave to File Demurrer to Evidence in Criminal Case Nos. 26905 and 26565 while it denied the same motion of all the accused in Criminal Case No. 26558 for lack of merit.  Subsequently, the Demurrer to Evidence of accused FPres. Estrada was filed.  In its Joint Resolution dated July 12, 2004, the Court resolved to deny FPres. Estrada’s Demurrer to Evidence in Criminal Case No. 26905 but granted the Demurrer to Evidence of FPres. Estrada in Criminal Case No. 26565.  

After the presentation of the evidence for accused FPres. Estrada and Jinggoy Estrada, accused Serapio manifested that he opted not to present his own evidence but adopted the evidence presented by FPres. Estrada and Jinggoy Estrada.  The said accused then formally offered their evidence.  The Court issued its resolution on the formal offer of evidence for accused FPres. Estrada, Jinggoy Estrada and Serapio.  On the other hand, the prosecution manifested that it was not presenting any rebuttal evidence but formally offered additional evidence and tendered excluded evidence in its Supplemental Formal Offer of Exhibits [Re: Exhibits Identified, Presented, and Marked during the Cross Examination of Defense Witnesses] with Tender of Excluded Evidence dated March 29, 2007.  The Court issued its Minute Resolution dated April 19, 2007 on the said additional offer of evidence of the prosecution.

In an Order dated May 9, 2007, the Court gave the parties a period of time to file their respective memoranda and scheduled the Oral Summation requested by accused FPres. Estrada and Jinggoy Estrada on June 15, 2007.  After the Oral Summation, the case was submitted for decision.

Incidentally, on November 10, 2006, the National Bureau of Investigation filed its Return of “Alias” Order of Arrest, informing the Court that one of the accused in this case, Atong Ang was extradited from the United States of America and was already under the custody of the said agency.  At his arraignment, accused Atong Ang refused to enter a plea and the Court entered a plea of not guilty for the said accused.

On January 24, 2007, when the case was scheduled for Pre-Trial only for accused Atong Ang, the prosecution and the said accused, assisted by his counsel, manifested in open court that they had executed a Plea Bargaining Agreement.  The Court’s Resolution dated March 14, 2007 approved the Plea Bargaining Agreement entered into by the parties.

On March 19, 2007, during accused Atong Ang’s re-arraignment, the said accused pleaded guilty to a lesser offense of Corruption of Public Officials under Article 212 in relation to Article 211 of the Revised Penal Code.  On the same day, the Court rendered its decision against accused Atong Ang sentencing said accused to “two (2) years and four (4) months of prision correccional minimum, as minimum, to six (6) years of prision correccional maximum, as maximum, and to pay the amount of P25,000,000.00 to the Government as his civil liability”.  Accused Atong Ang immediately filed a Petition for Probation (with Motion to Deduct Period of Preventive Imprisonment from the Term of Imprisonment and to Post Bail Pending Resolution thereof) which the Court granted in a Resolution dated May 25, 2007.  Accused Atong Ang is now under probation.