Former presidential spokesman Fernando “Jerry” Barican has asked the permission of the Makati Regional Trial Court not to attend the trial of the P2-million estafa case filed against him by former Development Bank of the Philippines chairman Antonino Alindogan Jr.

He was not around in the pre-trial but represented by his counsel, Christian Diaz.

In a two-page motion Diaz filed before RTC Branch 66 Judge Joselito Villaroza, Barican waived his right to appear in the court proceedings except in instances that his presence was required.

“In case of failure to do so, accused Barican shall be deemed to have waived his right to be present on the date of the hearing and that trial may proceed in absentia,” he said in his Waiver of Appearance.

Without citing any reason, Barican assured the court that he would not be a flight risk and that he would travel only on the court’s permission, and that he would present himself during the final judgment of the case.

During the pre-trial hearing, Villaroza asked Prosecutor Lody Tantioco of the Makati Prosecutors Office if they were open to an out-of-court settlement, which was refused.

The next hearings were calendared for April 30, May 21, June 25 and July 17.

Tantioco said they would present as witness Patria Puyat Palanca, Manila Polo Club general manager, to testify on the ownership of the club share Alindogan had entrusted to Barican.

Diaz dodged interviews with reporters.

The prosecution recommended the trial of Barican for allegedly swindling Alindogan of his P2-million share.

He claimed to have appointed Barican as his trustee of the Manila Polo Club share he had bought on Dec. 6, 1988.

In his complaint-affidavit, Alindogan said Barican offered to buy his share in October 2006.

The ex-DBP executive said he gave Barican several chances to return the amount, the last of which was a final written notice on Feb. 22, 2007. Ferdinand Fabella