Sandigan defends Estrada furlough

Sandiganbayan Presiding Justice Minita Chico-Nazario told special prosecutor Dennis Villa Ignacio yesterday to get a restraining order from the Supreme Court (SC) if he wants to stop ousted President Joseph Estrada from seeking medical treatment in the United States.

"You better bring it up to the SC," she said. "We assure you, over a pile of Bibles, that there are no irregularities. We are acting strictly in accordance with law. We granted it for humanitarian and medical reasons."

Nazario said she and the two other justices in the special division, which she heads, knew what they were doing and understand the legal and political consequences of their Dec. 23 ruling.

"We are not afraid because there are no irregularities in the case," she said.

"Our conscience is clear. We have adequate remedies available. We have to assume some risks. That’s part of our job. It’s difficult because your mind is closed. You’re painting a very gloomy picture. It’s not empty justice, there are ways and means. We can make arrangements through diplomatic channels," Nazario said.

Villa Ignacio said Estrada’s knee surgery should be done in a hospital in the Philippines as he might not return home.

Plunder is not one of the crimes covered by the extradition treaty between the Philippines and the US, and that the court cannot order the repatriation of an accused who has fled its jurisdiction, he added.

However, defense lawyers Manuel Pamaran and Jose Flaminiano assure the court that Estrada would return after he had undergone much-needed surgery at Stanford Medical Center in Palo Alto, California.

Flaminiano said Estrada recognizes the special division’s authority over his person and the cases filed against him.

"The undertaking is clear enough," he said. "There is no other way. This court will not lose its judicial grip (on Estrada)."