The Department of Justice (DOJ) said Tuesday it will oppose any attempt by Jinggoy Ejercito Estrada to lift the precautionary hold departure order (PHDO) issued against him, stressing that sufficient grounds exist to keep the travel restriction in place while legal proceedings continue.

DOJ spokesperson Polo Martinez said the matter of jurisdiction raised by Estrada’s camp—arguing that the trial court had no authority to issue the order—will ultimately be decided by the judiciary.

Estrada earlier claimed that the Manila Regional Trial Court (RTC) had no jurisdiction over him and that only the Sandiganbayan could act on such matters. 

His camp filed a motion before the Sandiganbayan seeking to lift the PHDO.

“That’s an issue that has to be resolved by the judiciary. We presume that the Manila RTC acted with jurisdiction in the issuance of the PHDO,” Martinez told reporters.

He added that “the DOJ will oppose any motion to lift the PHDO as sufficient grounds exist that warrant its continued effectivity.”

Martinez went on. “The PHDO is a court order. As a court order, it can be revoked by order of the same court that issued it. Court na po ang magsasabi kung may merit ang motion ni Sen. Estrada. Of course, the DOJ maintains that he is a flight risk and must not leave the country.”

Travel request pending

Court records show Estrada has asked the Sandiganbayan Fifth Division to allow him to travel to Hong Kong, Macau, and Japan from 31 March to 5 April while the court continues hearing the graft cases against him.

The senator appeared before the anti-graft court on Tuesday for the trial of 11 counts of graft involving him and more than 20 co-accused.

Estrada is currently out on bail, as graft is a bailable offense.

In January, he also appeared before the court to report his return to the Philippines following a previous overseas trip that included Japan, Norway, and Austria.

PDAF-related graft charges

The 11 graft cases stem from the alleged misuse of Estrada’s Priority Development Assistance Fund (PDAF) during his previous term as senator.

The Office of the Ombudsman accused Estrada of funneling portions of his PDAF allocations to non-government organizations linked to businesswoman Janet Lim-Napoles in exchange for kickbacks.

Prosecutors alleged that around P183 million from Estrada’s pork barrel funds was channeled to Napoles-linked NGOs for supposed livelihood and development projects that were later found to be non-existent or irregular.

In January 2024, the Sandiganbayan acquitted Estrada of plunder but convicted him of one count of direct bribery and two counts of indirect bribery related to the scheme. 

The 11 graft counts, however, remain pending before the anti-graft court.

New plunder case

Meanwhile, Estrada has until 12 March to submit his counter-affidavit in response to a separate plunder complaint linked to alleged kickbacks from flood control projects.

Martinez said the senator was originally scheduled to file his counter-affidavit on 9 March but requested additional time, which was granted by the panel of prosecutors.

After the deadline, the DOJ panel will determine whether to dismiss the complaint or elevate the case to court.

The National Bureau of Investigation (NBI) filed the charges against Estrada, along with seven co-respondents, including former Department of Public Works and Highways (DPWH) secretary Manuel Bonoan, former undersecretary Roberto Bernardo, DPWH regional director Gerard Opulencia, and former Bulacan First District engineer Henry Alcantara.

On 10 February, Manila RTC Branch 52 issued the PHDO against Estrada and his co-respondents, directing the Bureau of Immigration and other law enforcement agencies to monitor any attempts by them to leave the country while the investigation is ongoing.

Estrada has denied the allegations and maintains he was not involved in any irregularities related to flood control funds.