Badoy said the Sandiganbayan has issued an alias warrant of arrest for businessman Atong Ang, accountant Yolanda Ricaforte, and Alma Alfaro, who all remain at large and whose whereabouts are not known.
However, Badoy, chairman of the anti-graft court’s 3rd division, told reporters yesterday the arrest of four others has been set aside until they can be identified.
The court’s sheriff has 60 to 90 days to arrest the three, he added.
Meanwhile, opposition spokesman Jesus Crispin Remulla urged Badoy yesterday to inhibit himself from hearing the cases against Estrada.
"There is basis for our apprehension that Justice Badoy could not give an objective and fair assessment of the cases against President Estrada," Remulla said in a statement. "We urge him therefore to step aside in order to avoid further erosion of the public’s trust with our criminal justice system."
Remulla said Badoy’s brother, Solomon, was appointed by President Arroyo to a sensitive post in the Local Water Utilities Administration (LWUA) despite a pending graft and corruption case at the Sandiganbayan.
Remulla said the facts tend to confirm apprehension that Badoy’s objectivity had been somehow compromised and the next best thing for him to do is to inhibit himself.
"Justice Badoy, clearly has a debt of gratitude with Ms. Macapagal-Arroyo for the appointment of his brother at the LWUA despite a pending graft and corruption case hanging over his head," he said.
The opposition also cited Badoy’s statements last June 8 when he denied Estrada’s petition for house arrest.
"He said the accused is capable of staging a ‘great escape’ and that a ‘new day has finally dawned’ for the country with the indictment of Mr. Estrada," Remulla said.
In a related development, Badoy told reporters yesterday former San Juan Mayor Jinggoy Estrada must be returned to his detention place at the Veterans Memorial Medical Center in Quezon City after doctors have completed his treatment at the Makati Medical Center.
"The (Philippine National Police) cannot move him anywhere," he said. "They are supposed to bring him (Jinggoy) to the Veterans Hospital from Makati Medical Center if his doctors will say that there is no more need for his continued stay at the Makati Medical Center."
Badoy said Jinggoy can only be taken to the Veterans Memorial Medical Center until the Sandiganbayan decides on his motion to be allowed to post bail.
"There is no other destination for him but the Veterans Memorial Medical Center," he said.
Badoy said the court must confirm a report from Director Thompson Lantion, chief of the Directorate for Police-Community Relations, that doctors at the Makati Medical Center have allowed Jinggoy to leave the hospital.
"There must be a written report from General Lantion which will indicate the assumption that the doctors certify his return to the VMMC," he said. "But even if his doctors will recommend to transfer him to his house, there is no other destination that he can go to but to the Veterans Hospital."
The 3rd division was supposed to deliberate yesterday Jinggoy’s motion to post bail but it was postponed because of the bad weather, he added.
The Sandiganbayan is expected to hear today the prosecution’s motion for the preliminary attachment of bank accounts under the name of Ricaforte and lawyer Edward Serapio, one of Estrada’s co-accused in the plunder case, and a trustee of the Erap Muslim Foundation Inc.