Lawyer asks Sandigan to place Erap under RP embassy custody

A lawyer of deposed President Joseph Estrada asked the Sandiganbayan yesterday to place him under the custody of the Philippine Embassy in the US while he undergoes knee surgery in that country.

In an open court manifestation, lawyer Irene Jurado, one of 13 court-appointed counsels de officio of Estrada, said that if ever Estrada is allowed to travel to the US for total knee replacement surgery, then the anti-graft court’s third division could also designate Philippine Airlines as official carrier of the ousted leader to and from the US.

Associate Justice Minita Chico-Nazario chairs the Sandiganbayan third division hearing the plunder charges against Estrada and several co-accused, including his son Jinggoy.

Jurado said that under the "principle of extra-territoriality under international law," the Philippine Embassy through Ambassador Robert del Rosario could place Estrada under its custody during the knee surgery.

"Placing the former president under the custody of the Philippine Embassy and designating PAL to ferry him back and forth from the country to the US will eradicate and ease the fears of some sectors that Estrada will be able to evade the full force of the law in the prosecution of his cases," Jurado said.

"The court will never lose jurisdiction if Estrada remained under the custody of the Philippine Embassy to the US," she added.

Jurado said the Philippine Embassy is an extension of the territorial jurisdiction of the country which means that Estrada will remain on Philippine soil even if he is allowed to go to the US for knee surgery.

For his part, Ombudsman Aniano Desierto said that Jurado’s contention is applicable only to the ambassador, who has diplomatic immunity.

"The real issue here is whether we have legal basis to do that. I don’t think it has legal basis and it is not applicable to Estrada," Desierto said.

Sandiganbayan special division and legal division chief, lawyer Renato Bocar, said that the coverage of extra-territoriality is limited to the area of the Philippine Embassy in a certain country.

"But the operation will be done in the hospital. So it cannot be applied," Bocar said.

Meanwhile, the Sandiganbayan special division junked yesterday the motion of former San Juan Mayor Jose "Jinggoy" Estrada to undergo medical treatment for his rectal bleeding at the San Juan Medical Center in his hometown.

In a two-page resolution, Associate Justice Nazario said that Jinggoy had not proven in court that the medical facilities at the Veterans Memorial Medical Center, where he is detained, "are not adequate to conduct the medical treatment that he needs."

In denying the young Estrada’s motion, Nazario gave credence to claims of the prosecution that the movement and transfer of Jinggoy from VMMC to SJMC would entail unnecessary expenses for the police who will have to secure the prisoner 24 hours a day.

The prosecution said that if Jinggoy really needs medical treatment on his rectal bleeding, he should be treated at the VMMC.

"Finding meritorius the grounds adduced by the prosecution in vehemently denying the subject motion... the court hereby resolves to deny the accused-movant’s urgent ex-parte motion for medical treatment and transfer of confinement...," Nazario said.

Jinggoy filed his motion last May 2 seeking to be confined at SJMC for 10 to 15 days.

He said that he had been experiencing "on and off fresh bleeding in his rectal area for the past two weeks."

Dr. Lorenzo Hocson, according to Jinggoy, has diagnosed him of having hematochezia (bleeding rectum).

Hocson recommended that Jinggoy should undergo "calonoscopy" as soon as possible to rule out major causes of the signs and symptoms of hematochezia.

He said that a calonoscopy is a procedure wherein equipment will be inserted inside the patient’s rectum to view the lining of the rectal muscles to find out the reason for the bleeding.

"The bleeding in Jinggoy’s rectal area could probably be in relation to his previous illness, hemorrhoids," the doctor said.

Aside from the problem with his rectum, Jinggoy is also set to go through a "supervised weight reduction program" under his cardiologist, Dr. Robert Anastacio.