19 senators sign resolution endorsing Estrada trip to US

Nineteen senators signed a resolution yesterday recommending to the Sandiganbayan that ousted President Joseph Estrada be allowed to leave for the United States to undergo medical treatment.

Five senators did not support the resolution: Franklin Drilon, Manuel Villar Jr., Joker Arroyo, Renato Cayetano and Francis Pangilinan.

In sponsoring the resolution, Sen. Luisa "Loi" Ejercito Estrada presented letters from her husband’s doctors in California –Christopher Mow and Rodolfo Soto –stating that the former president needs to have medical treatment in the US.

Mrs. Estrada said even former senator Benigno "Ninoy" Aquino Jr., a national hero who was assassinated at the airport tarmac in 1983, was allowed to go to the US for heart surgery by President Ferdinand Marcos at the height of martial law.

"Despite the presence in Manila of unquestionably highly competent physicians for whom Mr. Estrada has the highest regard, he can only be assured of access to the best medical attention in the United States where his private doctors are based, considering that a patient’s relationship with his chosen physician is generally reposed on trust and confidence in the latter’s competence," read a part of the resolution.

"Before and after he was removed from and forced out from the presidency, he was offered opportunities to go on exile, which he refused, as he is on record determined to seek vindication through the country’s legal processes, as one who has served as mayor, senator, vice president and president."

Mrs. Estrada said bipartisan support was important to convince the Sandiganbayan to grant her husband’s plea to go to the US.

In his letter of July 20 last year, Mow said Mr. Estrada’s surgery has been planned several times for the past three years but canceled because the ousted president is suffering from osteoarthritis.

"In 1994, Mr. Estrada was advised by expert surgeons in New York to have a knee replacement surgery on both knees," read the letter. "When first seen by me in 1999, I also advised that knee replacement surgery be strongly considered in order to give pain relief and maintain function."

A special division of the Sandiganbayan has reset for next Wednesday Estrada’s arraignment on perjury and illegal use of alias charges to give him time to recover from eye surgery.

Meanwhile, a prosecution witness failed yesterday to link Estrada with the alleged controversial purchase of Belle Resources shares by the Social Security System.

Continuing his testimony, Rizaldy Capulong, vice president of the Securities Trading and Management Department of SSS, merely affirmed his knowledge of SSS purchases of stocks to include the controversial shares.

Associate Justice Minita Chico-Nazario, chairwoman of the special division, said in open court: "We have excused his appearance," in response to a petition by Estrada’s lawyers to put off his arraignment yesterday.

"Considering the doctors’ recommendation that Estrada has to rest within one week, we just took it upon ourselves and allowed the former president not to attend today’s hearing," she said. "His arraignment is reset to Feb. 20."

Estrada’s doctors said it was unsafe for him to move about for 10 days following the minor surgery he underwent Sunday to remove a cataract in his right eye at a clinic in Rockwell Center, Guadalupe Nuevo, Makati.

In a five-page manifestation the other day, Estrada through his lawyer, former senator Rene Saguisag asked permission from the special division to defer his arraignment so he can get a full week’s rest.

The 64-year-old Estrada is detained without bail in the presidential suite of the Veterans Memorial Medical Center in Quezon City while on trial in a separate case of plunder, a crime punishable by death.

Estrada is due to be arraigned for alleged illegal use of the alias "Jose Velarde" to cover up an account with Equitable PCI Bank that at one point contained P3.2 billion and for his alleged false declaration of assets and liabilities in 1998.

However, Estrada denied he took kickbacks from illegal gambling rackets, saying his assets did not exceed P37.4 million, and that he did not skim off public funds nor engage in insider trading while he was president.

Earlier, Associate Justice Teresita de Castro, a member of the special division, said the charge of illegal use of alias was "separate and distinct" from the plunder case Estrada is also facing.

Last week, the special division ruled that there is probable cause to try Estrada in the second perjury case.