A group of anti-corruption activists, PlunderWatch, filed a criminal complaint last week and three other officials for allegedly allowing deposed President Joseph Estrada to leave detention at the Army’s Camp Capinpin in Tanay, Rizal and spend time in his villa across the camp without court permission. The complaint contends that Mrs. Arroyo and the other three respondents gave their consent.
"It’s a provision of law that there can be an investigation but, of course, the filing would have to take into consideration the constitutional immunity granted to the President," Presidential Spokesman Ignacio Bunye told a press briefing.
He maintained that the complaint against Mrs. Arroyo was baseless, saying the "policy of humane treatment under the law stands."
"Notwithstanding the opinion of the Department of Justice that the President is faultless in this case, we are open to any investigation by the proper authority."
Bunye was referring to the legal opinion of Justice Secretary Merceditas Gutierrez, who was reported as saying that Mrs. Arroyo could not be held responsible for the implementation of her humane treatment policy.
If Mrs. Arroyo is summoned to answer the charges, chief presidential legal counsel Joe Nathan Tenefrancia may answer on the President’s behalf or Mrs. Arroyo "may wish to engage a private counsel," Bunye said.
The Office of the Ombudsman can investigate any official "for the purpose of filing a verified complaint for impeachment, if warranted," Ernesto Nocos, spokesman for the Office of the Ombudsman, said.
Mrs. Arroyo, however, enjoys immunity and a case against her cannot be filed in court unless she is impeached or out of office, Nocos said.
Estrada is detained at Camp Capinpin while on trial for allegedly receiving protection money from illegal gambling operators and plundering government coffers during his aborted 31-month presidency. He was toppled by a popular protest in January 2001 following massive corruption charges, which he denies.
State prosecutors have asked the Sandiganbayan anti-graft court to have Estrada’s place of detention transferred back to a military hospital in Quezon City to prevent him from allegedly having unauthorized furloughs.
He was moved to Camp Capinpin on Oct. 16 last year because of alleged "terrorist threats" by unnamed groups.
A court-appointed lawyer of Estrada would not object if his client is returned to the Veterans Memorial Medical Center (VMMC) in Quezon City as long as he is allowed to undergo weekly therapy at the Cardinal Santos Medical Center in San Juan.
"We are submitting to the sound discretion of the court," retired Sandiganbayan presiding justice Manuel Pamaran told the special division in open court.
"What is important is he must undergo this weekly therapy at Cardinal Santos hospital. After all, health is the most important thing," Pamaran said.
On the other hand, Noel Malaya, another court-appointed lawyer of Estrada, said their client must be transferred to his 15-hectare estate in Tanay, Rizal just across Camp Capinpin to spare the government unnecessary expenses for his detention.
However, Deputy Special Prosecutor Robert Kallos said Malaya’s proposal would "definitely place" Estrada under house arrest.
"If (Estrada) is really suffering from unbearable pain, then he should agree to be brought back to VMMC," he said.
"We are just wondering why after three months they are suggesting the weekly therapy now. The urgency has already ceased.
"The best thing for Erap is to be transferred back to VMMC. He could very well be treated there. We have all these needed equipment. Physical therapy was being applied to him every now and then when he was still at VMMC," Kallos said.
Sandiganbayan Presiding Justice Minita Chico-Nazario, who heads the special division, also rejected Estrada’s transfer to his estate as it would "unduly expand" the anti-graft court’s jurisdiction.
The "danger" of Estrada being brought to Cardinal Santos Medical Center "far outweighs" that of his being treated at the VMMC, she added. — Delon Porcalla