Enrile runs to SC for bail

MANILA, Philippines - Suspended Sen. Juan Ponce Enrile has elevated to the Supreme Court (SC) his bid to be temporarily released from detention while facing plunder and other charges in the Sandiganbayan in the pork barrel scam cases.

In a 70-page petition for certiorari filed last Friday, Enrile asked the SC to set aside the rulings of the third division of Sandiganbayan last July 14 and Aug. 8 denying his motion to post bail.

He argued that the charges against him “cannot even be considered a capital offense.” 

“The prosecution failed to show clearly and conclusively that Enrile, if ever he would be convicted, is punishable by reclusion perpetua; hence, Enrile is entitled to bail as a matter of right,” his lawyers pointed out in the petition.

In justifying his bid, Enrile cited his advanced age and earlier voluntary surrender in urging the SC to allow him to post bail.

“Considering the undisputed presence of two mitigating circumstances (advanced age and voluntary surrender), the prescribed penalty, under the plunder law, is only reclusion temporal, thus automatically entitling Enrile to post bail,” his lawyers said.

Enrile also insisted that the prosecutors of the Office of the Ombudsman have no strong evidence against him, and told the SC that he is no longer a flight risk.

He also questioned the court processes, saying it is “wrong, even unconstitutional” to “first detain a person charged with a capital offense before the bail hearing, and even while the evidence against him has not yet been presented.”

With these arguments, Enrile asked the SC to annul and reverse the resolutions of the Sandiganbayan and immediately grant him bail.

In the assailed ruling, the anti-graft court held that bail can only be granted and fixed in capital offenses after the prosecution fails to prove that the evidence against the accused is strong.

“In this case, accused Enrile filed a motion to fix bail, not a motion for bail, based on his submission that he is entitled to bail as a matter of right pending presentation of the prosecution of its evidence showing proof evident of his guilt,” read the decision.

The Sandiganbayan also said Enrile conveniently overlooked the fact that he is charged with a capital offense.

Enrile, along with fellow senators Ramon Revilla Jr. and Jinggoy Estrada, is charged with plunder and graft for allegedly pocketing millions of kickbacks from the Priority Development Assistance Fund (PDAF) scam allegedly perpetrated by businesswoman Janet Lim-Napoles. 

Enrile’s former chief of staff, lawyer Jessica “Gigi” Reyes, is also facing plunder and graft charges before the Sandiganbayan in relation to the PDAF scam and is being detained at the Taguig City Jail female dormitory.

No computer for Gigi

The Office of the Ombudsman asked the Sandiganbayan yesterday to deny Reyes’ request that she be given access to a laptop computer, printer, and internet connection while in jail and undergoing trial for plunder.

Ombudsman prosecutors strongly opposed her motion, which supposedly invokes her right to access to the courts so as to be allowed to look into and review evidence for and against her; recollect, write, encode and store her narration of vital facts; and arrange her documentary exhibits in the PDAF scam.

“The reasons cited by the accused in her motion do not show any extreme necessity for her to be allowed such kind of privilege,” ombudsman prosecutors said in a five-page comment and opposition filed before the anti-graft court’s third division.

The prosecution argued that granting Reyes such a privilege would set a bad precedent, and noted that Reyes is “an able and adept lawyer” who can assist herself in formulating her defense as well as in doing research in support thereof. – With Michael Punongbayan