Sandiganbayan allows Estrada hospital trip for knee X-ray


The Sandiganbayan Fifth Division allowed Senator Jinggoy Estrada to undergo a knee x-ray at Cardinal Santos Medical Center in San Juan on 26 August under the supervision of security escorts.
Through a minute resolution released on Monday, the court granted Estrada’s motion despite the objection of the prosecution to the same subject to numerous conditions.
The senator was scheduled to leave the New Quezon City Jail - Male Dormitory in Payatas at 11:00 a.m. of the said date for his x-ray procedure that was arranged at 1:00 p.m.
It was noted that all bills and fees that would be accumulated during the visit would be “borne exclusively” by Estrada. The court also prohibited the counsel, family, and medical personnel from sharing posts of the said procedure on social media.
After the x-ray, the court ordered for the return of Estrada to the jail facility at a time not later than 3:00 p.m. of the same date.
The senator’s camp noted in its motion that the official was “experiencing a flare up of persistent pain in both knees” and was experiencing difficulties in walking–previous diagnosis suggested that Estrada had osteoarthritis.
Details of the ailments were said to have been referred to his orthopedic doctor through his wife.
“The procedure will be performed on an out-patient basis and would only take around 15 to 30 minutes to complete,” the defendant’s motion read.
In its opposition, state prosecutors flagged the medical condition as “hearsay” and should not be relied upon as “sufficient medical evidence” given the fact that Estrada was not examined by a jail physician and not subjected to an independent medical examination.
The prosecutors further stated that the opinions of the defense lawyers when it came to the “purported effects of his leaving his knee condition untreated” should not be considered as valid arguments since the counsel were not qualified to provide medical opinions.
“Unless supported by a competent medical opinion or objective medical evidence, such assertions remain unsubstantiated and cannot substitute for the findings or opinion of a qualified medical professional,” the prosecution said.
It maintained that it was not necessarily against providing the respondent with access to an x-ray examination, however, it contested the need for the accused to leave the jail facility for the sole purpose of receiving such a procedure despite the existence of alternatives that could be performed within the area he was respectively detained.
Estrada was charged with plunder and graft at the Sandiganbayan for his alleged receipt of P573 million in kickbacks from infrastructure projects.
The senator has publicly denied all the allegations, maintaining that he was prepared to face the law and clear his name of the accusations.
He has been detained at the New Quezon City Jail - Male Dormitory since 1 June.