However, Senior Superintendent Dorotheo Reyes, Philippine National Police legal services chief, said yesterday the PNP does not object to the Estradas’ continued stay at the Veterans Memorial Medical Center (VMMC) on North Avenue in Quezon City since the 64-year-old former chief executive needs periodic medical check-ups.
"In view also of the proximity of VMMC to the venue of the trial of the case at the Sandiganbayan and the medical facility in place, the PNP interposes no objection for his (Estrada) continued confinement at the VMMC," he said.
In a three-page manifestation, Reyes asked the Sandiganbayan to order the father and son’s transfer to their original detention place at Fort Sto. Domingo once doctors have declared them physically fit to leave the hospital.
"But in the event, however, that the former president is found already physically fit to be released from VMMC, the PNP manifests that in the interest of national security, the best secured confinement place for him is the PNP-SAF training school at Fort Sto. Domingo," read the manifestation.
Reyes said Camp Crame cannot accommodate Estrada and Jinggoy because of the lack of medical facilities and the fact that Estrada supporters could easily assemble along Epifanio de los Santos Avenue.
"The situation then prevailing which prompted the PNP to transfer the Estradas from Camp Crame to Fort Sto. Domingo last April 28 has remained and up to this time the threats to the security and safety of Estrada surfaced every now and then," he said.
Estrada is at the VMMC, while Jinggoy is undergoing an extensive medical check-up at the Makati Medical Center.
Meanwhile, retired Supreme Court Associate Justice Serafin Cuevas told radio station dzBB yesterday he would waive his P53,800 monthly pension so he can continue to represent Estrada.
"Well, I hope that they do not begrudge me for it," he said. "With what I am earning, I could afford the temporary suspension (of the pension)."
However, the 72-year-old Cuevas said the prohibition under Republic Act 910, which bars retired justices from representing as counsel accused government officials in a criminal case, does not apply to him because Estrada is no longer president.
"If the SC will come out with the pronouncement (that retired justices are barred from appearing as counsel for accused public officials, whether incumbent or former), then that (monthly pension) should be suspended," he said. "But we don’t have any law on that."
On the other hand, Justice Secretary Hernando Perez told radio station dzRH yesterday the prohibition is "reasonable" because Cuevas should not "bite the hand that feeds him," and that he will bring the matter before the Ombudsman, the lead prosecutor in the Estrada cases.
"You cannot have your cake and eat it too," he said. "If you receive monthly pension from the government, you should not fight the government. It is very clear that a former justice of the SC cannot appear as counsel for former President Estrada and former San Juan Mayor Jinggoy Estrada. Unless of course, they claim that they do not receive any pension."
But Cuevas said the pension is "my money" because it came from retirement funds deducted from his salaries when he was city prosecutor, regional trial court judge, and Court of Appeals and Supreme Court Justice.
"Every (month), they deducted (a certain amount from my salaries) for (my) retirement," he said. "This is just withholding tax. Is it not my money? That was not given to any retiree out of magnanimity or liberality. I hope they don’t begrudge me for continuing to receive (my pension)." — With Delon Porcalla