In their reply to Mrs. Marcos motion, Associate Justices Gregory Ong, Rodolfo Palattao and Ma. Cristina Cortez-Estrada, of the anti-graft courts fourth division, said the personal appearance of the former First Lady before the division clerk of court "as required cannot be peremptorily disregarded."
"To our mind, the reason given by the accused for dispensing with such appearance is not persuasive," they said.
In her motion filed last Jan. 21, Mrs. Marcos asked the Sandiganbayan if she could not appear in court, which is supposedly a condition when she was allowed to travel abroad.
Mrs. Marcos cited security risk as a reason. But the anti-graft court ruled that there was no evidence of any threat against her.
The Sandiganbayan argued that "the purported threat or risk to her life" in appearing before the court "cannot be any more serious or graver than the threat or risk she is subjected to when she moves around and goes to other places or destination."
Last year, the Sandiganbayan allowed Mrs. Marcos to go to China to undergo traditional treatment of her various illnesses, despite opposition from the Presidential Commission on Good Government.
Now in her 70s, Mrs. Marcos is reportedly suffering from hypertension and glaucoma.