Justices Teresita Leonardo-de Castro, Francisco Villaruz and Rodolfo Ponferrada of the anti-graft court’s special division trying Estrada for the capital offense of plunder said there was no valid reason to extend the furlough.
"The court finds no cogent reason to amend the resolution," the tribunal said, referring to their Dec. 14 ruling that allowed Estrada to visit the wake of his brother Antonio and proceed to visit his mother who is at the San Juan Medical Center.
The court’s decision came in response to a request from lead Estrada lawyer Rene Saguisag to extend the Christmas and New Year passes by 14 hours to allow him to spend time with his family at their home in San Juan.
The court likewise denied Saguisag’s request to allow Estrada to visit his posh residence in North Greenhills Subdivision in San Juan.
The justices reminded Estrada and his lawyers that they "arrived at what it considered the most reasonable arrangement" and took into consideration the "age and condition of his mother and our time-honored tradition during this season."
Estrada’s Christmas pass extends from 5 p.m. on Dec. 24 to 5 p.m. of the following day, while his 12-hour New Year pass starts at 5 p.m. of Dec. 31.
He wants each furlough extended by 14 hours, or up to 7 a.m. of Dec. 26 and 7 a.m. of Jan. 2.
Estrada was allowed a 36-hour pass after he paid his last respects to his elder brother Antonio at noon of Dec. 16, after which he proceeded to San Juan Medical Center to see his mother. He stayed there until 7 a.m. of the following day.
Estrada’s mother is suffering from a weak heart, stomach aneurysm and pneumonia. The court did not ask for proof of his mother’s condition in granting Estrada’s request for a visit.
"The court takes note of the advanced age of his mother. It’s not unusual for her to be taken to the hospital every now and then, especially now that one of her sons passed away," said presiding justice De Castro.
Chief Special Prosecutor Dennis Villa Ignacio raised no objection to Estrada’s request and instead suggested that defense lawyers ask for a "special pass" instead of a furlough to visit his mother.
"Furlough has no relationship to the facts and circumstances obtaining in this case but if the purpose is the observance of the Filipino tradition of children spending time with their parents on Christmas Day, we will not oppose it," he said.
Estrada was ousted by a military-backed popular uprising in 2001 and replaced by President Arroyo, who was then vice president.
Prosecutors accuse Estrada of amassing more than P4 billion during his 31-month rule and stashing the proceeds in a secret local bank account during his 31-month presidency. Estrada denies the charges.
Theoretically, Estrada could get the death penalty if convicted.
Estrada maintains he was illegally ousted from the presidency and still enjoys immunity from suit.
His political allies have been waging a campaign since July to oust Mrs. Arroyo over accusations that she cheated to win the May 2004 presidential election.