The three-member Special Division of the Sandiganbayan has allowed the former president to build a library at his sprawling estate in Tanay, Rizal where he has been detained since last year.
The anti-graft court granted the petition filed by his daughter Jackie Ejercito-Lopez last Aug. 22 that an area within the 18-hectare rest house be set aside for the construction of a library.
Lopez urged the court to identify the area where the library should be constructed.
The court added that the proposed library be made only for the exclusive use of Estrada which will not be open to the general public.
It added that all the other conditions stated in the court’s July 12, 2004 resolution regarding the modification of Estrada’s custodial arrangements, would also apply to the proposed library.
Lopez earlier petitioned the court to allow her JELP Real Estate Development Corp. to build a residential and library building for the use of the Estrada family at the Tanay estate.
The anti-graft court initially denied the request to build a residential building citing security threats and violations of Estrada’s custodial conditions.
"Obviously, maintaining the security of the premises is one of the major factors for the denial of the request," the court said.
The anti-graft added the requested structures pose a security risk since many workers would be employed to construct the building at the premises.
The court said the presence of the family building would also complicate the security detail "which may arise from the presence or movement of family members who may reside in the proposed structure within the Tanay property."
The court also added that the reason Estrada was allowed to be transferred to his estate in Tanay from Camp Capinpin was because of the site’s remoteness and isolation.
Though the court allowed the construction of the library at the Tanay estate, it denied Estrada permission to personally supervise its construction "as a common courtesy accorded to those who have been elected president."
The court argued Estrada had already surrendered the control and supervision of his Tanay estate to the court and the Philippine National Police (PNP).
"This surrender of control over the property... was one of the reasons considered by the court in modifying his custodial arrangements," the court said.
"Having agreed to the curtailment of his right to control and use of his (Estrada’s) property, it is now wholly within the court’s sound decision to determine the propriety of permitting the construction of the residential building and library within the confines of the property currently being used as a detention facility," it said.
Estrada has been under "rest house arrest" facing charges of plunder before the Sandiganbayan’s Special Division.
His petition for bail was denied by the court last Tuesday, which cited as "speculative" the defense lawyers’ claim that the former president posed no flight risk.
The court ruled that it could not allow Estrada to post bail because "there appears on record sufficient evidence to prove all the elements of plunder" against him.
In 2003, the Sandiganbayan granted bail to Estrada’s son, Jinggoy, after the court deemed that the prosecution had failed to clearly establish the younger Estrada’s involvement in his father’s alleged illegal gambling protection racket.
Estrada was ousted in 2001 by a military-backed popular uprising following accusations of massive corruption.
He is accused of running an illegal gambling protection racket and amassing billions of pesos in bribes from jueteng operators. He also allegedly misused government funds intended for tobacco farmers during his aborted 31-month presidency.