Father and son, detained at the Veterans Memorial Medical Center (VMMC) in Quezon City for the non-bailable charge of plunder, requested Associate Justice Anacleto Badoy of the anti-graft court’s third division to grant them temporary freedom from Dec. 23 to Jan. 2 next year.
The four-page manifestation was submitted by Estrada’s lawyer, former Sen. Rene Saguisag.
"Today, Human Rights Day, said accused most respectfully move in the spirit of the season of grace and goodwill — when there is even talk of a ceasefire between the government and rebels — to be allowed to spend the Christmas season at home," the manifestation read.
President Arroyo declared a unilateral Christmas ceasefire with communist rebels yesterday to coincide with the observance of the United Nations’ International Human Rights Day.
Saguisag noted that father and son, who both have ailments, could not possibly flee the country.
However, Ombudsman Aniano Desierto opposed the latest motion by the accused, saying what the two are seeking "is no different from the house arrest junked by the court last June."
"We will definitely oppose this," Desierto said.
The former president had earlier asked the anti-graft court to grant him a pass for removal of a cataract in his eye at a Makati eye clinic on Dec. 16.
Jinggoy, a former mayor of San Juan, is currently receiving treatment at the Makati Medical Center (MMC) following a mild heart attack last week. It was the third time the younger Estrada has been transferred to the MMC from the VMMC since their arrest last April.
The former president also has a pending motion for permission to leave the country and undergo a knee operation in the US.
The Sandiganbayan has rejected previous requests by father and son to attend special gatherings, including All Saints’ Day and the anniversary of the Senate.
In a related development, Badoy returned to work and presided over the Estrada plunder trial yesterday after having been hospitalized for over 10 days.
However, two doctors from the UERM Memorial Hospital were present during proceedings.
In an interview, cardiologist Dr. Norberto Uy said they have advised Badoy "to take more rest because stressful court activities will only aggravate his asthma and hypertension."
"We took the initiative to accompany Justice Badoy because he remains under our responsibility," Uy said. "He has applied for a pass but has not been officially released from the hospital."
The doctor said it had been their recommendation for Badoy to refrain from reporting to the Sandiganbayan until he fully recovers from his ailments.