Leonen's dissent: Decision to allow JPE to post bail 'a special accommodation’

MANILA, Philippines – A Supreme Court (SC) justice on Thursday said the high tribunal’s decision to grant bail to Sen. Juan Ponce Enrile is a “special accommodation.”

Associate Justice Marvic Leonen, in his 29-page dissenting opinion released on Thursday, expressed apprehension over SC’s decision to grant Enrile's petition for bail.

Leonen said SC’s ruling may bring about a time of “selective justice” wherein the decision will not anymore be based on “legal provisions” but based on “human compassion.”

The associate justice said because of this, the grant of provisional liberty to Enrile may be considered as a “special accommodation.”

For Leonen, the decision of the majority of the SC justices is contrary to the rule of law and will imperil the legitimacy and stability of the entire judicial system.

He said the lower courts should be firm in deciding whether or not the bail should be granted due to old age or ailment. He added that it should also be determined if such privilege will only be granted to senators or former presidents accused of plunder and not to those convicted of drug trafficking, multiple incestuous rape, serious illegal detention and other crimes, with corresponding penalty of "reclusion perpetua" or life imprisonment.

Leonen said no “grave of abuse of discretion” was committed on the part of the Sandiganbayan when it dismissed the petition for bail of Enrile since his health condition and the “humanitarian consideration” are not included in Enrile’s petition.

He added that the rules of court and any law passed by the Congress and even the 1987 Constitution as basis for the grant of bail do not include humanitarian consideration.

Leonen is worried that trial courts and the Sandiganbayan may possibly be bombarded by “motions to fix bail” with the basis of humanitarian considerations after the recent decision.         

Aside from Leonen, three other magistrates dissented in the ruling: Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio Carpio and Associate Justice Estela Perlas-Bernabe. Associate Justice Francis Jardeleza inhibited himself from the case as he was the former solicitor general.

READ FULL TEXT: Supreme Court's decision to grant Enrile's bail