President Arroyo ordered yesterday a halt to the construction of a special jail at a military hospital in Quezon City for her ousted predecessor in deference to his pending petition for house arrest, Malacañang said yesterday.
Presidential Spokesman Rigoberto Tiglao emphasized, however, that there was no presidential flip-flopping on the proposed special stockade which has drawn public outrage and criticisms, some of them coming from key supporters of Mrs. Arroyo.
Tiglao also said the government erred when it said the proposed jail at the grounds of the Veterans Memorial Medical Center (VMMC) was a bungalow. "Actually, it’s a bunker. There was only a mistake in terminology," he said.
He said the plan was to surround the jail with a moat, with a guard tower to ensure the security of Estrada.
According to Tiglao, Mrs. Arroyo has decided that building the controversial jail "was not really that urgent" as the anti-graft court has yet to rule on Estrada’s petition for house arrest.
"Right now, it (construction) is being stopped. The administration decided we’ll have to await first the Sandiganbayan decision on the house arrest and all the plans have been laid out. What appears to be urgent is the earthwork," Tiglao said.
On reports that no building permit was obtained for the construction, Tiglao argued it was no longer necessary because of the work stoppage.
At the same time, Tiglao rejected charges that the President secretly agreed to give special treatment or even pardon to Estrada.
"After all the trouble it (government) went through getting him arrested and jailed, why should the government free him if he is convicted?" Tiglao said.
Former Speaker and Quezon City Mayor-elect Feliciano Belmonte Jr. said the matter of Estrada’s detention should be left to the Sandiganbayan to resolve.
He said the structure being put up at the VMMC may not even be a jail but new a quarter for the hospital director.
Various quarters have accused the President of extending special treatment to Estrada by building the special jail inside the sprawling compound of VMMC in Quezon City to serve as his jail pending resolution of a host of graft cases and a plunder charge against him and several co-accused, among them his son outgoing San Juan Mayor Jinggoy Estrada.
Tiglao also branded as "far out" allegations that the special treatment was a prelude to executive clemency for the former president.
He urged irate supporters to be reasonable, assuring them the President has not wavered on her stand to bring Estrada to justice.
To appease them, Tiglao said work has stopped on the project.,
Cause-oriented and militant organizations denounced the Arroyo administration for spending taxpayers’ money to construct the building where Estrada and Jinggoy would be detained for the duration of their trial.
Justice Secretary Hernando Perez said it would be up to the Sandiganbayan to decide on the issue.
Interior and Local Government Secretary Jose Lina justified the President’s plan, saying transporting the former president across heavy traffic going to and from the anti-graft court in Quezon City would be a "security nightmare" as diehard supporters could try to rescue him or encourage enemies to assassinate him.
Father and son, who were arrested on April 25, were initially detained in Camp Crame, but were transferred later to the VMMC for medical checkup before they were eventually flown to Fort Sto. Domingo, a police training camp in Sta. Rosa, Laguna.
They were returned to the VMMC to allow them to cast their votes in the May 14 congressional and local elections.
While at the hospital, Estrada reportedly complained of bronchitis and arthritis, while Jinggoy suffered stomach pains.
During her call on the Estradas over the weekend, Mrs. Arroyo announced she would order the construction of an additional wing at the hospital to serve as their detention cell.
The idea was brought up even as Estrada has a pending petition for house arrest filed before the Sandiganbayan.
Sen. Rene Saguisag, lawyer for Estrada, said that placing his client under house arrest is in the national interest.
However, Bayan Muna president Satur Ocampo voiced strong opposition to the petition.
Ocampo said Saguisag’s justification was "nothing but political blackmail."
"The truth is the primary concern of the people is to send the Estradas back to their detention cell in Laguna and speed up the trial," Ocampo said.
Wilson Fortaleza, Sanlakas national chairman, said Malacañang’s so-called "flexible option" violates the legal maxim dura lex, sed lex (the law may be harsh, but it is the law).
"It also transgresses the constitutional principle of equal protection under the law, which states that everyone is equal under the law, former president or not," Fortaleza said. — With reports from Romel Bagares, Jess Diaz, Cecille Suerte Felipe