Court rules Erap should cast vote at Camp Capinpin

Ousted President Joseph Estrada would have to cast his ballot on May 10 in his detention quarters at Camp Capinpin in Tanay, Rizal, not at the polling precinct in Xavier School in Greenhills, San Juan, where he is a registered voter.

Although it recognized Estrada’s right to vote, a special division of the Sandiganbayan ruled his transportation from Camp Capinpin to San Juan would entail security risks and a huge amount of public spending.

"Estrada is allowed to vote on May 10 at his place of detention at Camp Capinpin under Comelec supervision," a resolution handed down by the division said.

"While the Court recognizes Estrada’s right to vote, nonetheless, for the above-quoted reason, it is still maintaining the arrangement provided for under the May 2001 and July 2002 resolutions of this court.

"(The Court) should not lose sight of the due restrictions on the freedom and movement of detention prisoners like Estrada, taking into consideration the considerable security and safety measures taken each time he is allowed to leave," the resolution read.

Sandiganbayan Presiding Justice Minita Chico-Nazario and Associate Justices Ma. Cristina Cortez-Estrada and Diosdado Peralta said they cannot veer away from the court’s previous decision, where Estrada and his son, Jinggoy — now out on bail — were allowed to vote at Fort Sto. Domingo in Sta. Rosa, Laguna in 2001, and at the Veterans Memorial Medical Center in Quezon City in 2002 under Comelec supervision.

"The circumstances obtaining during the May 2001 (local and national), and the July, 2002 (barangay) elections still apply in this case," the justices said.

"(We) found merit in the arguments raised by the prosecution that to allow Estrada to vote in San Juan would entail tremendous cost on the part of the government and unnecessary risk on the safety of Estrada and the public as well," the resolution added.

The special division has ordered Philippine National Police chief Director General Hermogenes Ebdane Jr. to report to the Court on May 12 on the voting conducted at Camp Capinpin.