Jinggoy blocks move to transfer him to Camp Bagong Diwa

Senator Jinggoy Estrada, who is facing graft and plunder charges in connection with the alleged pork barrel scam, on Wednesday formally asked the Sandiganbayan to block his transfer to an ordinary jail cell.

In a 14-page motion, Estrada's lead counsel lawyer Jose Flaminiano maintained that the embattled senator's stay in the Philippine National Police Custodial Center in Camp Crame is legal, contrary to the claim of the prosecution.

"The prosecution argues that the 'continued detention of Senator Jinggoy Estrada at the PNP Custodial Center is without legal basis.' The argument is incorrect," Flaminiano said, noting that it was the Sandiganbayan itself which allowed Estrada to be detained at the PNP Custodial Center.

"The prosecution conveniently ignores the fact that the detention of Senator Estrada at the PNP Custodial Center is, and continues to be, based in a valid Resolution issued by the Honorable Court in consideration of Senator Estrada's 'urgent ex-parte manifestation and motion,'" he said.

Estrada, son of former President Joseph Estrada, is accused of pocketing some P183.7 million in government funds through the scam. Prosecutors have been asking the court to transfer him and other high-profile accused in the pork barrel scam to Camp Bagong Diwa in Taguig.

Presumed innocent

Flaminiano said those who insist in putting Estrada in an ordinary prison cell are doing it "out of spite."

"They also... wish to penalize him for a crime that has yet to be proven and of which he is still presumed innocent," he said.

Estrada's camp also countered the prosecution's argument that the PNP Custodial Center is not a jail, saying the PNP itself referred to it as such.

"The return slip submitted by the PNP to the Court after receiving Sen. Estrada categorizes the PNP Custodial Center as a 'Prison,'" Flaminiano said. "Clearly even the PNP belies the prosecution's assertion that the PNP Custodial Center is not a detention facility."

No hard and fast rule

Estrada's lawyers also said there is no clear rule that says detained prisoners should be put in regular jail cells, at the same time noting that Estrada's position as an elected official calls for added security.

"There is no hard and fast rule on custodial arrangements with respect to detention prisoners, as opposed to convicted prisoners. Nevertheless, detaining Sen. Estrada in an ordinary jail poses grave risks, and security concerns and issues. It may also endanger his life vis a vis the nature of the accusation against him. The threat to his safety is definitely higher than the threat to the safety of an ordinary detainee," their motion read.

"The prosecution's allegation of 'special treatment' is misplaced," it added.

Estrada's lawyers also said that the prosecutors should be content with the fact that Estrada is currently detained.

"Clearly the fact of arrest does not depend on the place of detention but rather on the fact of detention. So long as there is actual restraint on the person or the person has submitted to the custody of the person making the arrest, insofar as the law is concerned, that person is under arrest," they said in the motion. —KBK, GMA News