In its resolution, the anti-graft court said the government failed to submit its written opposition to Estrada’s request for travel, which had been filed on Aug. 29.
When Estrada’s request was heard on Sept. 5, the prosecution objected to it and asked that it be given until Sept. 6 to submit a written opposition.
"While such authorization alone does not bind this court to immediately grant the subject motion, mutual respect and deference to the acts of a co-equal branch of government, absent any showing grave abuse of discretion, persuades us to give due course to the instant motion," the court said.
"Furthermore, the movant (Estrada) has been allowed to travel abroad in the past, and he has complied with the terms and conditions imposed by the court," it said.
In granting his request to travel, the Sandiganbayan ordered Estrada to advise the court, personally and in writing, five days after his return.
Estrada — who faces charges of plunder along with his father, former President Joseph Estrada — was also ordered to submit a photocopy of his passport bearing the arrival stamp of the Bureau of Immigration.
The photocopy of his passport will be authenticated by the Sandiganbayan’s clerk of court after comparison with the original.
The court said Estrada’s trip will be limited to Hawaii, San Francisco and Los Angeles.
If Estrada fails to return, trial will proceed as scheduled in his absence, the court added.
Estrada had asked the Sandiganbayan to allow him to travel to the United States and attend the 5th Annual Scholarship Drive of the Candonians in Hawaii.
From Hawaii, Estrada will proceed to San Francisco and Los Angeles in California for consultations with overseas Filipino workers and the Filipino communities, as chairman of the Senate committee on labor, employment and human resources.
The trip was authorized by Senate President Franklin Drilon.
The resolution was signed by Justices Teresita Leonardo-de Castro, Francisco Villaruz Jr. and Diosdado Peralta.