MANILA, Philippines -- Convicted president Joseph Estrada has held off any proposal by the Arroyo administration to grant him pardon and would exhaust all legal remedies to secure his release, Interior and Local Government Secretary Ronaldo Puno has said. In a press briefing after visiting Estrada in his resthouse in Tanay, Rizal, Tuesday, Puno said Estrada informed him that he would file a motion for reconsideration before the Sandiganbayan anti-graft court Wednesday.

Senator Jose "Jinggoy" Estrada confirmed this, saying that the motion will be to "put on record that our family and our lawyers disagree with the decision of the Sandiganbayan."

Estrada said that while they respected the verdict of the anti-graft court, "we have to point out the loopholes in its decision against President Erap," referring to his father by his nickname.

Quoting Estrada, Puno said the former leader would not apply for a pardon if conditions would be attached, including an admission of guilt.

"There are ongoing talks with regard to the problem. We will still have to consult our lawyers on that part. And Secretary Puno as emissary of Mrs. Arroyo will still have to confer with the Department of Justice and those concerned," he said.

Senator Estrada also said there was the possibility of withdrawing the motion for reconsideration if and when they would feel that they won’t be given a "fair trial which we always felt before."

Asked what their next move would be after a withdrawal, Senator Estrada said: "Supreme Court. Or if the talks between Secretary Puno and the lawyers of President Estrada are positive, then absolute pardon is not farfetched."

But Puno said he told the former president that the judicial process was separate from executive action.

"He [Estrada] doesn’t like the word ‘conditional’...he doesn’t want to be judged guilty by accepting the pardon," Puno told reporters.

Puno said that the judgment of the court must be final before President Gloria Macapagal-Arroyo would do anything and that there must be someone who would personally write Arroyo for the pardon.

"It must come to the official attention of the President and that there’s no third party requesting for the pardon," said Puno, noting that only Estrada’s lawyers and not his political allies could represent the deposed president.

Puno explained Estrada’s decision to file a motion for a reconsideration on his plunder conviction would "mean a longer timeframe" on the possible grant of a presidential pardon for the former president.

But Puno remained optimistic and described his meeting with Estrada as merely "brainstorming" and that there would still be a series of meetings.Puno said he will sit down with the DoJ within the week before getting back to Estrada’s lawyers, led by former solicitor general Estellito Mendoza, for more talks.

"I will meet with Department of Justice officials, led by Acting Secretary Agnes Devanadera, which has jurisdiction over the Bureau of Pardons and Parole, to ensure that we do everything within the legal process," added Puno, who is also acting presidential adviser on political affairs.

"A favorable conclusion is not far from where we are. I am confident we can arrive at a formula that will meet the approval of the greater number of the population," said Puno.

"From both ends there is willingness and openness to suggestions that will result to greater national unity," Puno added.

On September 12, Estrada was convicted for plunder while his other co accused, Atty Edward Serapio and Senator Jinggoy Estrada were cleared. Estrada was sentenced to life imprisonment. He was found not guity in the lesser charge, perjury. He is detained at his home in Tanay, Rizal.

He was ousted via a military-backed popular revolt in January 2001 and was replaced by Arroyo, then his vice president.