After being granted a three-day Lenten retreat at his villa in Tanay, Rizal, this time Estrada is asking the court to allow him to undergo a weekly physical therapy there, which is just outside the Army’s Camp Capinpin where he is being detained.
He earlier asked the Sandiganbayan for a weekly furlough so he can have physical therapy for his ailing left knee at Cardinal Santos Memorial Hospital, which is near his San Juan residence in Greenhills. Estrada also asked for a daily three-hour pass to use the bathroom in his sprawling villa because the house in Capinpin where he is detained doesn’t have enough water. The court rejected his request, saying the problem could be remedied.
Estrada, 66, will be allowed to leave detention at 8 a.m. today and enjoy a three-day spiritual retreat at his villa. Justices Edilberto Sandoval, Teresita Leonardo-de Castro and Ma. Cristina Cortez-Estrada ordered Estrada back in detention by 5 p.m. on Saturday.
In his urgent motion, defense lawyer Noel Malaya agreed with the prosecution’s position that it would be "impractical" to bring Estrada to San Juan for medical treatment and the security requirements would incur "huge expenses" on the government’s part.
Malaya presented a letter from Estrada’s doctor saying the necessary medical equipment can be brought to the villa.
"The basic therapy equipment cannot be installed in his detention quarters at Camp Capinpin for lack of space. Estrada was able to secure the necessary equipment and is presently making arrangements for the installation of the same in his Tanay premises," defense lawyers said.
"We submit that compared with the atmosphere and physical conditions at his detention quarters, which have undeniably contributed to the deterioration of his physical, emotional and psychological well-being, the environment at his Tanay property is definitely more beneficial to Estrada’s health."
Prosecutors say Estrada is making all sorts of excuses to leave detention. The court had rejected an Estrada request for house arrest.
Estrada is accused of plunder, a capital offense punishable either by life imprisonment or death by lethal injection. Critics say granting Estrada furloughs was illegal because his alleged offense is non-bailable.
Estrada was moved to Capinpin on Oct. 16 last year because of alleged "terrorist threats" by unnamed groups.
State prosecutors have asked the Sandiganbayan to have Estrada’s place of detention transferred back to Veterans Memorial Medical Center, a military hospital in Quezon City, to prevent him from allegedly having unauthorized furloughs.
Estrada is on trial for allegedly running an illegal gambling protection racket and plundering government coffers during his aborted 31-month presidency. He was toppled by a popular protest in January 2001 following massive corruption charges, which he denies.
The government sparked a furor last month when authorities admitted that Estrada was being allowed occasional visits to his villa even without a court permit. President Arroyo said the visits were allowed on humanitarian grounds.
Critics suspect the Arroyo administration, which previously opposed allowing Estrada to leave detention, had struck a deal with him to soften up the opposition ahead of the May 10 elections and boost Mrs. Arroyo’s presidential bid.
Malacañang and Estrada’s camp deny making any agreement.
Mrs. Arroyo is seeking a second term but is facing a tough challenge from opposition contender Fernando Poe Jr., a popular movie star and close friend of Estrada.