Serapio seeks ‘wife arrest’

While Sandiganbayan justices continue to ponder the kinds of arrest allowed by law, another lawyer added one more ingredient to the thickening soup yesterday, asking the country’s anti-graft court to place him under "wife’s arrest" or "Jesuitical arrest."

Edward Serapio, for-mer personal counsel of jailed ex-President Joseph Estrada, claimed the government’s moves to block a separate bail hearing were a "virtual refusal to present evidence" that he connived with Estrada to plunder the economy.

Serapio argued, in a 10-page urgent motion, that this shows the weakness of the government’s evidence and at least entitles him to be released on bail or on recognizance of his wife, Grace.

If he cannot be released to his wife’s loving embrace, Serapio said, he would even be willing to submit himself to the Jesuitic discipline of priest and legal thinker Joaquin Bernas, SJ.

Serapio made the appeal through his lawyer Martin Pison, who noted that his client has been in detention since April 25, or a total of 35 days. Pison claimed the government is trying to delay Serapio’s bail hearing.

"Immediate release of Serapio on interim bail or upon interim recognizance will not prejudice the State, even as it affords the accused immediate relief from a continuing deprivation of his constitutional right to bail," Pison said in the motion.

Pison said that allowing Serapio to be placed under "wife’s arrest" will even promote responsible prosecution since the prosecution will no longer have to resort to "unjust and oppressive tactics."

He said it was oppressive for Serapio to be held under continuing detention while the prosecution continues to block his appeal to have a bail hearing separate from the bail hearing for Estrada and his son Jinggoy, also a co-respondent in the plunder charge.

Serapio maintains that the government’s insistence that joint bail hearings be held for the three violates his constitutional right to bail.

But the government maintains that Serapio’s motion for a separate bail hearing is untimely because he has not even been arraigned on the plunder charge.

Government lawyers also argued that his plea for bail hearing is premature because the Sandiganbayan may grant the prosecution’s motion for earlier and simultaneous arraignment of Serapio and the Estradas.

But Serapio argues the prosecution cannot insist on a joint bail hearing because there is no basis for it and it unduly denies him the opportunity to debunk the evidence against him.

Estrada, on the other hand, has made no application for bail and his lawyers are apparently focusing on getting the anti-graft court to allow him to be placed on "resthouse arrest."

While Serapio appears to be seeking to hasten the pre-trial process, Estrada apparently wants to further delay the process with various motions, as some Sandiganbayan justices have noted.