At A Glance
- * The Sandiganbayan allowed detained Sen. Jinggoy Estrada to leave the New Quezon City Jail on Aug. 26 for a knee X-ray at Cardinal Santos Medical Center.
- * Estrada must remain under security escort, shoulder all related expenses, and return to jail no later than 3 p.m. on the same day.
- * The prosecution opposed the request, arguing that alternative arrangements could be made to conduct the examination without allowing Estrada to leave jail.
(MB FILE PHOTO)
The Sandiganbayan has allowed detained Senator Jose “Jinggoy” Estrada, who is facing plunder and graft charges before the Fifth Division, to temporarily leave the New Quezon City Jail in Payatas on Wednesday, Aug. 26, to undergo a knee X-ray at the Cardinal Santos Medical Center in San Juan City.
In a minute resolution dated Aug. 24, the anti-graft court authorized Estrada to leave the jail at 11 a.m. for the procedure scheduled at 1 p.m.
“Upon consideration of the foregoing submissions, accused Estrada’s knee x-ray procedure at the Cardinal Santos Medical Center is ALLOWED over the objection of the prosecution,” the Sandiganbayan said.
But the Sandiganbayan noted that the senator must return to the detention facility no later than 3 p.m. on the same day and must be accompanied by appropriate security escorts for the procedure.
According to the anti-graft court, Estrada must shoulder all hospital bills, medical fees, transportation costs, and incidental expenses related to the procedure.
Aside from his security escorts, only his immediate family, legal counsel, and attending medical personnel may accompany him, it added.
“Photography, video recording, and any social media postings regarding the accused’s procedure are strictly prohibited,” the court said.
With this, the Fifth Division directed New Quezon City Jail Warden JSupt. Maria Lourdes P. Pacion to submit a comprehensive compliance report within three days after Estrada’s return to detention.
The prosecution had earlier opposed Estrada’s request, arguing that information about his alleged knee condition was merely relayed by his wife to his orthopedic doctor and was not independently assessed and documented by a jail physician or through an independent medical examination.
“Thus, the purported medical condition appears to be based solely on a second-hand account, rather than on a direct clinical assessment or independently verified medical findings,” the prosecution said.
It described the account as “at best, hearsay medical history” that could not be considered sufficient medical evidence without contemporaneous medical records, objective diagnostic findings, or an independent medical evaluation.
As such, the prosecution argued that the alleged consequences of leaving Estrada’s knee condition untreated should not be accepted as established medical facts without competent medical opinion or objective evidence.
It instead suggested using portable X-ray equipment or a mobile X-ray clinic at the detention facility, or seeking assistance from government hospitals and public medical facilities.
Meanwhile, the prosecution clarified that it did not intend to prevent or obstruct Estrada from undergoing the examination or receiving any necessary medical intervention.
“What is being opposed, however, is the asserted necessity of allowing the accused to leave the jail facility solely for the purpose of undergoing an X-ray examination, particularly where reasonable alternatives exist for the procedure to be performed within the facility or through appropriate medical arrangements,” it said.
On May 28, the Office of the Ombudsman (OMB) filed plunder and graft charges before the Sandiganbayan in connection with alleged illegal budget insertions and the disbursement of more than P573 million in purported kickbacks involving DPWH infrastructure and flood-control projects funded under the Fiscal Year 2025 budget.