"We might ask for a temporary restraining order," chief prosecutor Dennis Villa Ignacio said.
The prosecutors will file a motion with the Sandiganbayan on Monday, asking it to suspend its ruling granting Estrada’s furlough, Villa Ignacio said.
They will also file another motion, requesting reconsideration of the decision.
Estrada wants to undergo knee surgery in the United States. He was ordered to return by March 31 but Estrada said he would be back by late February.
Citing humanitarian considerations, the Sandiganbayan reversed its ruling last year on Estrada’s first bid to seek surgery in the United States.
"There’s really a flaw here. Erap (Estrada) never asked for temporary liberty. He didn’t ask for bail. So why would the court grant him that privilege by way of a travel bond? If he leaves the country, the court can do nothing if he goes anywhere (after that)," Villa Ignacio said.
"The Sandiganbayan has no jurisdiction in the United States. This is too much. If Estrada’s knees worsened, he only has himself to blame because he didn’t want to be treated here when all the equipment are locally available," he said.
Private prosecutor Marichu Lambino said the Sandiganbayan justices violated court rules and can be held "administratively liable."
"This is a highly irregular procedure. I don’t understand why they violated all the rules in law practice. This is not a proper procedure. Maybe they think that this is a Christmas gift for Estrada but they missed the whole point," she said.
Although the court has ordered that Estrada remain under guard by a four-man police detail, this cannot guarantee that Estrada will return to the Philippines, Lambino said.
"These escorts can’t carry firearms. They can’t touch Estrada once they are in US territory. If they try to limit his movements they can be sued for grave coercion," she said.
"I don’t even know if these bodyguards can be given visas. They can’t guarantee his safety there. Once he is there, he could go to the Bahamas. The court has allowed a person charged with a capital offense to escape. That’s what it did," Lambino added.
It was unfair to allow Estrada — whose alleged offense is non-bailable and is punishable by death — to go on furlough while poor inmates in city jails who also need medical attention cannot avail themselves of such privilege, Lambino said.
Presidential aspirant Raul Roco criticized the ruling.
"It gives a new judicial norm for clemency: That if you’re sick and in prison but you are rich and can afford an operation outside the country and you can afford to spend for your guards, then you can enjoy temporary freedom," Roco said in a statement.
"It means there is no equality before the law. Our standard for the illegally rich and the rest of the population is not the same," he added.
On the other hand, Archbishop Fernando Capalla, the head of the influential Catholic Bishops’ Conference of the Philippines, endorsed the decision to allow Estrada to leave.
"I join many of our fellow believers in happily thanking the court for its humane and compassionate gesture which is in tune with the spirit of Christmas," said Capalla.
Church leaders played a key role in sparking the EDSA people power II revolt that toppled Estrada in January 2001.
Critics have accused President Arroyo of agreeing to Estrada’s departure to soften opposition ahead of the May presidential elections where she will face key Estrada ally, action star Fernando Poe Jr.
Poe is seen as Mrs. Arroyo’s closest rival in the presidential race because of his iconic popularity.
Mrs. Arroyo denies making any deal with Estrada and orchestrating the Sandiganbayan decision.
"The Sandiganbayan has exclusive jurisdiction over this matter and shall carry out its decisions without hesitation," she said in a statement.
"The President has always viewed the situation of former president Estrada with compassion," Arroyo presidential campaign spokesman Michael Defensor said. "The decision of the Sandiganbayan only goes to show that the executive has no agenda to persecution against former president Estrada."
However, some opposition lawmakers suspect the Arroyo administration has a political ploy.
""We want the former president to seek medical treatment abroad, there’s no question about it. But there is a hidden agenda here. The administration paved the way for Estrada’s US trip to banish him from the political scene and prevent him from unifying the opposition," Cavite Rep. Gilbert Remulla said.
The opposition is split on whether to endorse Poe or Sen. Panfilo Lacson, Estrada’s former national police chief, as its presidential standard-bearer in the May polls.
Estrada, who is backing Poe, is trying to broker talks to resolve the impasse that could split the anti-Arroyo vote. — With AFP, Jess Diaz
Reported by: Sol Jose Vanzi
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by PHILIPPINE HEADLINE NEWS ONLINE
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