MANILA, Philippines - The Supreme Court (SC) has ordered the Sandiganbayan to answer a petition of suspended Sen. Juan Ponce Enrile seeking his temporary release from detention while facing plunder and other charges in the Sandiganbayan in the pork barrel scam cases.
In a resolution released yesterday, the high court directed the Third Division of the anti-graft court to submit its comment on Enrile’s petition and explain its rulings last July 14 and Aug. 8 denying his motion to post bail.
The SC gave the Sandiganbayan 10 days from receipt of notice to comply with the order.
In his petition, Enrile insisted that he should be granted bail since the charges against him “cannot even be considered a capital offense.”
In justifying such argument, petitioner cited his advanced age and earlier voluntary surrender in urging the high tribunal to allow him to post bail.
Enrile also insisted that prosecutors of the ombudsman have no strong evidence against him.
Petitioner told the SC that he is no longer a flight risk.
With these arguments, Enrile asked the high court to annul and reverse the assailed resolutions of the Sandiganbayan and immediately grant him bail.
In seeking such relief, he also urged the SC to immediately set his petition for oral arguments.
In the assailed ruling, the anti-graft court held that bail could 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 said the accused conveniently overlooked the fact that he is charged with a capital offense.
Enrile, along with fellow Senators Ramon Revilla Jr. and Jinggoy Estrada, was charged with plunder and graft for allegedly pocketing millions of kickbacks from the pork barrel or Priority Development Assistance Fund (PDAF) scam perpetrated by businesswoman Janet Lim-Napoles.
He filed another petition with the SC earlier questioning his indictment by the ombudsman.
Luy to testify
Pork barrel fund scam whistle-blower Benhur Luy will finally take the witness stand in the bail hearings for Estrada in connection with the plunder case at the Sandiganbayan Fifth Division next week.
Ombudsman prosecutors told the Sandiganbayan yesterday that they are now ready to present one of their main witnesses under the witness protection program (WPP) of the Department of Justice.
Estrada, facing plunder charges for allegedly pocketing over P183 million in public funds along with his fellow respondents to the case including Napoles, had been asking government lawyers to put Luy on the witness stand.
The prosecution, headed by Deputy Special Prosecutors John Turalba and Manuel Soriano, finished presenting Commission on Audit (COA) Assistant Commissioner Susan Garcia yesterday.
Luy, a cousin and former employee of Napoles who was among those designated to be president of bogus non-government organizations (NGOs) that received pork barrel funds, had already finished testifying against Revilla before the Sandiganbayan First Division.
While he provided a lengthy testimony on how public funds were stolen through kickbacks, commissions or rebates, he admitted that he never gave money directly to Revilla.
Luy, who admitted that he also benefited from the pork barrel releases of legislators, will return to the witness stand next week, this time to testify against Estrada.
On the COA official’s testimony, lawyer Alexis Abastillas-Suarez, spokesperson for Estrada’s defense team, said the witness herself claimed it was Pauline Labayen who received the money as the alleged authorized representative of the senator.
While there was a supposed letter from Estrada authorizing Labayen to follow up the release of special allotment release orders (SAROs), the defense counsel said there is no authority given to Labayen like a special power of attorney for her to receive implements or funds coming from SAROs.
Estrada was not able to attend yesterday’s hearing as he was not feeling well, according to Suarez, citing a case of acid reflux. – Edu Punay, Michael Punongbayan