29 December 2003 - Foreign Affairs Secretary Delia Domingo Albert today said that the Department of Foreign Affairs is always prepared to carry out its mandate as the government office responsible for issuing travel documents, in response to queries relating to the order of the Sandiganbayan authorizing the
travel to the United States of former President Joseph Estrada.

“The former President has applied for a regular passport and, pursuant to the decision of the Sandiganbayan, the Department issued today a regular passport to the former President,” Secretary Albert said.

She added that because of the limitations placed by the Sandiganbayan on the travel of the former President, the Department issued a passport that is specific in terms of destination and validity.

“The Sandiganbayan is limiting the travel of the former President to the US and back and has given a specific time limit for his travel.  In order to help ensure the sanctity of the order of the Court, we issued a travel document that sets appropriate limits on the travel of the former President,” the Secretary
said.

The Secretary said that the issue of whether the former President will be issued a diplomatic passport is rendered moot by the limitations placed by the Sandiganbayan on the travel of the former President and by the fact that the former President had applied for a regular passport.

“Ordinarily, diplomatic passports are issued to former Presidents.  But this is not an ordinary situation.  We are duty bound to observe the limitations placed by the Court as well as the need to protect the interests of the nation and the ends of justice.  For the travel needs of the former President, a travel document respecting the limitations placed by the Court should be sufficient,” Secretary Albert said.

As to whether the Department would make formal representations for the issuance of a visa to the former President, Secretary Albert said “We are prepared to do what is appropriate and lawful under the circumstances.  We are ready to certify to the fact that former President Estrada has been issued a travel document and that he has been allowed by the Court to travel for medical and humanitarian
reasons.  We are prepared to comply with any other formalities that might be required.” The Secretary emphasized, however, “the decision to issue a visa is the sole prerogative of the issuing country.”

“The Department wishes to emphasize that contrary to the claims of certain sectors, the actions of the Department in this case will be based on existing law and procedure,” the Secretary said.  “No political pressure has been placed on the Department by any side.  We have a clear idea of our lawful mandate and
procedure and will proceed accordingly,” the Secretary added.

On the issue that the Sandiganbayan order allowing the former President to travel has been appealed, the Secretary said that “the Sandiganbayan has issued an order.  Even though this order has been appealed, and in the absence of an order to the contrary, we will respect this order.”

On the issue of possible actions that can be taken should the former President refuse to return, the Secretary said that “we have sufficient legal agreements and mechanisms with the United States that would assure their cooperation for the return of the former President.” END.