Defense lawyer Jay Flaminiano said the 67-year-old former actor is booked on a Philippine Airlines flight tomorrow, though he still doesn’t know the flight time. But another source said this may be around 2:30 p.m., since all the morning flights were taken.
Media handler Ferdie Ramos said the former president had been "having difficulties" in squeezing in his departure date, partly because of the delayed decision of the Sandiganbayan, which handed down its ruling only last Dec. 23.
Sandiganbayan justices gave the ousted leader 21 days from Dec. 26, or until Jan. 15, to have both of his knees operated on by his surgeon Christopher Mow, who will have to go to Hong Kong from the United States to perform the operation at Hong Kong Adventist Hospital.
Estrada is expected to bring along with him his wife, Sen. Luisa Ejercito, his spokesman Didagen Dilangalen, and four police escorts whose travel expenses he will have to shoulder, and who were tasked by the court to monitor his movements.
His son, Sen. Jose "Jinggoy" Estrada, is expected to follow. His request to accompany his father will still be the subject of a hearing set by the anti-graft court on Dec. 28. He needs to have a court approval before leaving because he is a co-accused in Estrada’s corruption case.
As far as the Estrada camp is concerned, there are no more legal obstacles to his travel authority, especially since the Supreme Court, which is now on its Christmas break, has not issued any temporary restraining order.
Government prosecutors and Ilocos Sur Gov. Luis "Chavit" Singson, Estrada’s nemesis and the prosecution’s principal witness, have opposed Estrada’s Hong Kong travel, insisting that he can have knee surgery in the Philippines.
They warned that Estrada might seek asylum or resort to legal means to avoid returning. The Philippines and China do not have an extradition treaty. Singson said this was made obvious with the arrangements made by National Security Adviser Norberto Gonzales.
But the Estradas denied this. His lawyers cited the personal undertaking he submitted to the special division, in which he recognized the court’s authority over him.
He promised to be back on Jan. 15, the date specified by the court.
Estrada also posted a P1-million travel bond imposed by the anti-graft court, one of the conditions set by the justices before he leaves for Hong Kong.
The anti-graft court also directed Estrada to turn over his passport to the head police escort who will carry it "at all times."
The Sandiganbayan warned that Estrada is to go to no other place but the Hong Kong Adventist Hospital. Once he gets back, he will go back to his Tanay, Rizal villa where he is under "resthouse arrest."
Estrada was toppled by a popular protest in January 2001 following his aborted impeachment trial on massive corruption charges.
The former actor is currently on trial for plunder, a capital offense punishable by life imprisonment or death by lethal injection.
Despite the charges, Estrada continues to enjoy huge support from the poor because of his movie star popularity.
In December last year, shortly after the court granted Estrada permission to leave for the United States for medical treatment, anti-Estrada critics charged the Arroyo administration had cut a deal with Estrada to soften up the opposition ahead of the May presidential elections.
Mrs. Arroyo then was facing a strong challenge from action movie star Fernando Poe Jr., the opposition’s candidate in the presidential election.
Poe, a longtime friend of Estrada, lost by a narrow margin of over one million votes to Mrs. Arroyo. Poe filed an electoral protest, complaining of poll fraud. Poe died of a stroke last Dec. 14.
Estrada’s Hong Kong trip has fueled suspicions from anti-Estrada critics that the Arroyo administration has cut a deal with Estrada, who remains popular with the poor because of his movie stardom, to soften up the political opposition.
President Arroyo’s spokesman, Ignacio Bunye, denied any deal, saying it had nothing to do with the court ruling.
"We support humanitarian consideration for Estrada but never beyond the pale of law and justice," he said in a statement issued by Malacañang.