The complaint contends that Mrs. Arroyo and the others gave their consent for Estrada to visit his vacation house located across his detention quarters at Camp Capinpin in Tanay, Rizal even though the Sandiganbayan justices trying him for alleged corruption gave no permission.
The complaint also named Philippine National Police (PNP) chief Director General Hermogenes Ebdane Jr., Housing Secretary Michael Defensor, Mrs. Arroyo’s official campaign spokesman, and Superintendent Roland Sacramento, who heads the Police Security and Protection Office in charge of Estrada’s security.
The Office of the Ombudsman, which acts as a special prosecutor in cases against government officials, said it will investigate whether there is enough evidence to file charges of "consenting to evasion of prison" and "usurpation of judicial functions" against Mrs. Arroyo and the three others.
The alleged crime is punishable with up to two years in prison.
But Assistant Ombudsman Ernesto Nocus said Mrs. Arroyo enjoys presidential immunity and a case against her cannot be filed in court unless she is impeached or out of office.
"We will pursue the investigation. The President is not excluded. We will determine whether there is probable cause that the offense may have been committed," he told reporters, adding that if the filing of criminal charges is recommended, this will have to pass through Congress.
Lawyer and petitioner Marichu Lambino claimed the complaint can be a basis for impeachment, but Presidential Spokesman Ignacio Bunye called that prospect "absurd" and the allegation against the President "baseless."
Lambino filed the complaint representing Plunder Watch, a group that monitors Estrada’s plunder case at the Sandiganbayan, and priests Jose Dizon and Allan Arcebuche.
Plunder Watch stalwart Dr. Carol Araullo said the "illegal arrangement" should not have been accorded to Estrada since he was indicted for a non-bailable offense.
"This issue has shown that the President has full knowledge of the special treatment. It was very obvious that she knew what was going on. She tolerated it and connived with (Estrada) to get away with it," she said.
Araullo said they knew as early as December 2003 that Estrada had been allowed to make periodic visits to his villa.
"They transferred Estrada to Tanay precisely for this. Of course, those were all just hearsay. But this time around, it came right from the horse’s mouth," she said.
Lambino and Araullo also scored Estrada for denouncing civil society groups as "un-civil and un-Christian," and lacking in "compassion."
He called up The STAR again yesterday, lashing out at Plunder Watch, led by Lambino and Special Prosecutor Dennis Villa Ignacio, for what he alleged were their attempts to spread "disinformation" about his supposed "house arrest" at his villa.
Estrada admitted that he was allowed to leave his detention area twice to visit his rest house when large groups of his supporters could not be accommodated at Camp Capinpin for security reasons.
He was profuse in expressing his gratitude to former President Corazon Aquino for supporting Mrs. Arroyo’s show of compassion in allowing him to visit his rest house.
He cited the case of Aquino’s late husband, former senator Benigno "Ninoy" Aquino Jr., who was allowed "furloughs" to go home on special occasions and was even allowed to fly to the United States to undergo treatment even when he was convicted of rebellion.
Estrada also pointed out that nations like Indonesia and Argentina allowed "city arrest" for deposed Indonesian president Suharto and former Argentine president Carlos Menem. He said that like him, they had been charged with corruption while in office.
Lambino and Araullo said Estrada is missing the point.
"This is not about compassion. It’s patently false," Araullo said, adding that it was unfortunate for Aquino to have supported Mrs. Arroyo’s humanitarian stance and compare Estrada with her late husband.
"Ninoy was a political detainee while Estrada is being tried for a heinous crime," Araullo said. "Actually, it should be an insult to her late husband."
Lambino claimed Mrs. Arroyo acknowledged in an interview with a national daily that Estrada was allowed to visit his villa. She also alleged that Defensor had admitted meeting twice with Estrada at the villa and was aware of Estrada’s trips to his rest house.
Faced with impeachment threats, the President has refused to comment further on the issue and left Bunye to face the media. He welcomed the filing of formal charges against the President, but reiterated that she had nothing to do with Estrada’s visits to his villa.
"We welcome the opportunity to present our side in the proper judicial venue," he said. "We maintain that no secret deal was made, no politics was involved and that all actions taken were for humanitarian considerations and pursuant to law."
He admitted Monday that Mrs. Arroyo knew of Estrada’s trips, but insisted "the President has enunciated the policy of humanitarian treatment under the law... This is a simple statement of decency and compassion that all Filipinos understand."
"With permission, he is allowed to make visits to his rest house but at the end of the day, he goes back to the detention center," he said in a radio interview, defending the arrangement. "This extra consideration is because he is a former president."
Bunye has denied reports that the privileges were being used by Mrs. Arroyo to curry favor with Estrada followers ahead of the national elections.
He said police had ordered an investigation and "we hope the probe would help us in ferreting out the details and to determine if there were any lapses among the custodians of the former president."
Ebdane on Monday sacked and replaced a 15-man police team guarding Estrada and ordered a probe into their culpability and accountability.
"What must now be determined is whether there was abuse by the custodial force in the exercise of its jurisdiction to reasonably regulate the disposition of the detainee," he said in a written statement.
He is set to appear today before the Sandiganbayan to air the PNP’s side after receiving a subpoena from the anti-graft court ordering him to appear and explain why they should not be held in contempt for unauthorized movement of their detainee.
Upon Ebdane’s orders, Sacramento has designated Senior Superintendent Pedro Nicolas as the new head of the 14-man personnel tasked to guard Estrada at his detention facility.
Nicolas replaced Superintendent Melchor Ysulat, who was relieved along with the 14 PNP personnel earlier assigned to guard Estrada.
Estrada himself said he feels sorry for the policemen who were sacked for allegedly failing to faithfully perform their duty.
"The PNP has its own responsibility to see to it that I am secured and safe," he said, adding that since he has no desire to escape, "I am secured."
Estrada said he hopes "these people raising a big fuss over this (may) find a place in their heart for a little consideration."
Mrs. Arroyo’s critics claim she is currying favor with supporters of Estrada and his friend Fernando Poe Jr. — her top rival in the May presidential election.
Estrada still commands sizable support, especially among the poor who overwhelmingly voted for him in 1998. He was forced to abandon the presidency in January 2001 amid massive anti-corruption protests that Mrs. Arroyo, then his separately elected vice president, helped lead.
Last year, Estrada endorsed the presidential bid of Poe, a political neophyte who election surveys show is tied with Mrs. Arroyo.
Meanwhile, Senate President Franklin Drilon said the criminal charges filed against Mrs. Arroyo are "hogwash (with) absolutely no basis" since Plunder Watch has "no proof of personal participation by the President."
He said since the case was filed during the height of the election season, "there can be no other conclusion except that it is politically motivated."
On the other hand, administration congressmen said the case filed against Mrs. Arroyo is "premature and flawed" because she cannot be held liable for criminal acts submitted by her subordinates, and ruled out the possibility of her being impeached.
Cebu Rep. Antonio Cuenco pointed out that the President has not committed a culpable violation of the Constitution in connection with Estrada’s alleged trips to his villa and that an impeachment case at this time will not prevail in Congress because it is not in session.
Taguig-Pateros Rep. Alan Peter Cayetano, for his part, said the complainants are "making a mountain out of an anthill."
"Why blame everything on the President and her alter egos? They did not give the direct order, it was the custodians who were in charge of Estrada," he said. — With Marichu Villanueva, Christina Mendez, Jose Rodel Clapano, AFP