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Sandiganbayan denies Jinggoy’s furlough plea
By ELIZABETH MARCELO, GMA News
(Updated 3:37 p.m.) The Sandiganbayan has denied the request of Sen. Jinggoy Estrada to leave his detention this week for his mother's 85th birthday.
"Wherefore, the motion to allow accused Sen. Jinggoy Estrada for a pass on June 5, 2015 to be with his mother on her 85th birthday filed by Sen. Estrada is DENIED," the Fifth Division said in a resolution issued Monday.
On Wednesday last week, Estrada, through his legal counsel, asked the court that he be allowed to leave his place of detention for five hours to attend the birthday party of his mother, former Senator Loi Ejercito-Estrada, at Blue Leaf events pavilion at Filipinas Asiana City in Parañaque.
Estrada is currently detained at the Philippine National Police (PNP) Custodial Center in Camp Crame for plunder and graft charges in connection to his alleged involvement in the pork barrel scam.
Estrada originally asked that he be allowed to leave his detention from 8 p.m. on June 2 (Tuesday) until 1 a.m. on June 3 (Wednesday) in time for the thanksgiving Mass and dinner for his mother's birthday.
But in a supplemental motion filed on Friday, Estrada informed the court that the celebration was moved to June 5 at the same time and venue.
The Fifth Division, in denying Estrada's motion, sided with the prosecution's argument that an accused of a criminal case should not be accorded his full civil and political rights and that granting his motion "would set a bad precedent."
"Accused cannot be accorded the full enjoyment of his civil and political rights as a necessary consequence of his detention," the anti-graft court said in its three-page resolution. "Incarceration, by its nature, changes an individual's status in society. Verily, confinement restrain the power of locomotion or actual physical movement."
Just last March, the Fifth Division had allowed Estrada to leave his detention to attend the high school graduation of his son. In November last year, he was also allowed to undergo four therapy sessions at Cardinal Santos Medical Center in Greenhills, San Juan, in connection with his shoulder pain.
But this time, the court pointed out that what Estrada was seeking was neither a matter of humanitarian consideration nor emergency in nature.
"Allowing the accused to hear mass outside the confines of his prison would accord him the liberties of a free man with all the privileges appurtenant to his position... at the risk of creating a bad precedent, therefore, accused's reprieve from jail for his natal day cannot be accommodated," the Sandiganbayan said.
Motion for reconsideration
"Wherefore, the motion to allow accused Sen. Jinggoy Estrada for a pass on June 5, 2015 to be with his mother on her 85th birthday filed by Sen. Estrada is DENIED," the Fifth Division said in a resolution issued Monday.
On Wednesday last week, Estrada, through his legal counsel, asked the court that he be allowed to leave his place of detention for five hours to attend the birthday party of his mother, former Senator Loi Ejercito-Estrada, at Blue Leaf events pavilion at Filipinas Asiana City in Parañaque.
Estrada is currently detained at the Philippine National Police (PNP) Custodial Center in Camp Crame for plunder and graft charges in connection to his alleged involvement in the pork barrel scam.
Estrada originally asked that he be allowed to leave his detention from 8 p.m. on June 2 (Tuesday) until 1 a.m. on June 3 (Wednesday) in time for the thanksgiving Mass and dinner for his mother's birthday.
But in a supplemental motion filed on Friday, Estrada informed the court that the celebration was moved to June 5 at the same time and venue.
The Fifth Division, in denying Estrada's motion, sided with the prosecution's argument that an accused of a criminal case should not be accorded his full civil and political rights and that granting his motion "would set a bad precedent."
"Accused cannot be accorded the full enjoyment of his civil and political rights as a necessary consequence of his detention," the anti-graft court said in its three-page resolution. "Incarceration, by its nature, changes an individual's status in society. Verily, confinement restrain the power of locomotion or actual physical movement."
Just last March, the Fifth Division had allowed Estrada to leave his detention to attend the high school graduation of his son. In November last year, he was also allowed to undergo four therapy sessions at Cardinal Santos Medical Center in Greenhills, San Juan, in connection with his shoulder pain.
But this time, the court pointed out that what Estrada was seeking was neither a matter of humanitarian consideration nor emergency in nature.
"Allowing the accused to hear mass outside the confines of his prison would accord him the liberties of a free man with all the privileges appurtenant to his position... at the risk of creating a bad precedent, therefore, accused's reprieve from jail for his natal day cannot be accommodated," the Sandiganbayan said.
Motion for reconsideration
Estrada, meanwhile, said that he would still file a motion for reconsideration to appeal to the court to reverse its ruling.
“Alam mo, bilang isang anak, siyempre gusto mo rin na makasama sa pagdiriwang o pagtitipun-tipon sa araw ng kapanganakan ang nanay mo. So, siguro magpa-file kami ng motion for reconsideration tutal sa June 5 pa naman gagawin ang pagtitipun-tipon,” Estrada told reporters after the hearing of his petition to post bail for plunder case at the Fifth Division.
Estrada said he is “saddened” with the court’s ruling especially as he and his two siblings are planning to perform a number at the night of his mother’s birthday celebration.
“Ako ay nalulungkot na na-deny ang aking motion…Mayroong number sana kaming tatlong magkakapatid. Iaalay namin sa nanay namin yung presentation. Kaya susubukan parin naming makapag-file ng motion for reconsideration,” Estrada said. — KBK/RSJ, GMA News
Tags: jinggoyestrada, porkbarrelscam
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