‘Something may be afoot in Sandigan ruling on Erap’

There may be more than meets the eye in the Sandiganbayan decision allowing deposed President Joseph Estrada to undergo knee surgery in the United States, a private prosecutor involved in his plunder trial said yesterday.

"The turn of events between President Arroyo and Justice (Minita Chico-) Nazario will give the appearance of a quid pro quo, something for something, favor for favor, injustice for ambition," lawyer Marichu Lambino of the Public Interest Law Center said.

She said Nazario is one of 17 aspiring candidates for the Supreme Court (SC) seat vacated by Justice Josue Bellosillo last Nov. 13.

"Nazario is up for interview as applicant to be SC justice. The appointing authority is Gloria. The Sandiganbayan justice grants Gloria’s wish. What other conclusion can be had?" asked Lambino, a professor from the University of the Philippines.

She added that it is logical to arrive at this conclusion because Mrs. Arroyo does not have the power to grant Estrada’s wish since the Sandiganbayan has been trying him for plunder, perjury and illegal use of an alias for the past two years.

"There is a history of judges being promoted after they render decisions that find favor among the powers that be," Lambino said.

She noted that should Mrs. Arroyo appoint one SC justice before her term ends on June 30, she will be the first president in Philippine history to have appointed eight magistrates to the 15-member high tribunal.

However, Nazario defended the Sandiganbayan’s decision, saying that "over a pile of Bibles, there are no irregularities. We are acting strictly in accordance with law. We are not afraid because there are no irregularities in this case. Our conscience is clear. We granted it for humanitarian and medical reasons."

She also addressed concerns aired by chief special prosecutor Dennis Villa Ignacio on the possibility of Estrada’s escape while abroad.

"We have to assume some risk. 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.

Last December, the Sandiganbayan granted Estrada’s petition to seek surgery for his arthritic knees in California on humanitarian grounds.

The court said Estrada may leave as early as January but should return by the end of March to continue his trial for corruption. The 66-year-old former president, ousted in a military-backed popular revolt, stands accused of plundering national coffers which is a capital offense punishable by death.

Estrada has denied the allegations and maintains he was illegally ousted.

The President has welcomed the decision, maintaining that Estrada was ailing and should be allowed to get treatment abroad, given he is a former president.

But Mrs. Arroyo pointed out the duty of government prosecutors to appeal the ruling by the Sandiganbayan.

But critics have claimed that Estrada’s trip was part of Mrs. Arroyo’s move to disarm her political enemies ahead of the May polls.

Estrada, however, vowed he will come back before March 31. The former president remains the opposition’s de facto leader and still wields considerable influence.

Government prosecutors filed late last month a motion questioning the Sandiganbayan ruling and seeking a deferment of Estrada’s three-month medical furlough.

Villa Ignacio pointed out that the Sandiganbayan should not have granted the medical leave since Estrada is standing trial for plunder, a non-bailable offense, and an earlier petition based on the same grounds filed by the lawyers of the former president was turned down with finality.

Villa Ignacio also said the Sandiganbayan has no jurisdiction in the US and the conditions it imposed on Estrada no longer apply.

Lambino, for her part, pointed out that the four police escorts appointed by the court to guard Estrada in the entire duration of his medical trip are not allowed to carry their firearms on US soil.

"These escorts can’t carry firearms. They can’t even touch Erap once they are in US territory. If they try to limit his movements they can be sued for grave coercion," Lambino said.

Lambino even claimed the four justices who approved the travel petition of Estrada could be held administratively liable, saying the ruling was virtually a grant of bail and a violation of the rules of court.