Two faces of justice

The SC opinions on the Enrile bail petition represent two starkly different views of justice. Here are the two faces of justice in the words of Justices Leonen and Bersamin.

Justice Marvic Leonen Dissent

Justice Leonen believes that the rule of law should be applied equally to all. Here are excerpts from his opinion:  “Bail is not a matter of right in cases where the crime charged is plunder and the imposable penalty is reclusion perpetua. The grant of bail, therefore, by the majority is a special accommodation for petitioner. It is based on a ground never raised before the Sandiganbayan or in the pleadings filed before this court.

Bail for humanitarian consideration is neither presently in our Rules of Court nor found in any statute or provision in the Constitution. This case leaves the court open to a justifiable criticism of granting a privilege ad hoc: for only one person – petitioner in this case.

Worse, it puts pressure on all trial courts and the Sandiganbayan that will predictably be deluged with the motions to fix bail on the basis of humanitarian considerations. The lower courts will have to decide, without guidance, whether bail should be granted because of advanced age, hypertension, pneumonia, or dreaded diseases. They will have to decide whether this is applicable only to Senators and former Presidents charged with plunder and not to those accused of drug trafficking, multiple incestuous rape, serious illegal detention and other crimes punishable by ...life imprisonment. They will have to decide whether this is applicable to those who are in special detention facilities and not to the aging or sick detainees in overcrowded detention facilities all over this country.

Our trial courts and Sandiganbayan will decide on the basis of personal discretion... This will usher in an era of truly selective justice not based on clear legal provisions, but one that is unpredictable, partial, and solely grounded on the presence or absence of human compassion on the day that justices of this court will deliberate and vote.

Not only is this contrary to the Rule of Law, it also undermines the legitimacy and the stability of our entire judicial system.”

“Liberty is indeed a cherished value. It is an intrinsic part of our humanity to fight for and ensure that it allows all of us to lead the kind of lives that we will consider meaningful. This applies to petitioner as accused. Yet it also applies with equal force to all the individuals in our communities and in this society.

Special privileges may be granted only under clear, transparent, and reasoned circumstances. Otherwise, we accept that there are among us who are elite.  Otherwise we concede that there are those among us who are powerful and networked enough to enjoy privileges not shared by all.

This dissent rages against such a premise. It is filled with discomfort, with the consequences of the majority’s position. It cannot accept any form of impunity.

As the apex of the judiciary, the very sentinels of the Rule of Law, the court from whom all other courts...should find inspiration and courage, we should apply the law squarely and without fear or favor. We should have collectively carried the burden of doing justice properly and denied this Petition.”

Justice Lucas Bersamin Opinion

The majority opinion was penned by Justice Bersamin. It seems he believes that justice  can be given on a case to case basis and that the “social and political”  standing of an accused should be taken into consideration. Here are excerpts from his opinion:

“Indeed, mercy and compassion temper justice. However, mercy and compassion should never replace justice...Compassion as an excuse for injustice not only fails us as justices of this court. It also fails us in our own humanity.

This national commitment to uphold the fundamental human rights as well as value the worth and dignity of every person has authorized the grant of bail not only to those charged in criminal proceedings but also to extradites upon a clear and convincing showing: {1} that the detainees will not be a flight risk or a danger to the community; and {2} that there exist special, humanitarian and compelling circumstances.

In our view, his [Enrile] social and political standing and his having immediately surrendered to the authorities upon his being charged in court indicate the risk of his flight or escape from this jurisdiction is highly unlikely. His [Enrile] personal disposition from the outset of his indictment for plunder, formal and otherwise, has demonstrated his utter respect for the legal processes of this country. We also do not ignore that at an earlier time many years ago when he had been charged with rebellion, with murder and multiple frustrated murder, he already evinced a similar personal disposition of respect for the legal processes, and was granted bail during the pendency of trial because he was not seen as a flight risk. With his [Enrile] solid reputation in both his public and private lives, his long years of public service and history’s judgment of him being at stake, he should be granted bail.

The current fragile state of Enrile’s health presents another compelling justification for his admission to bail, which the Sandiganbayan did not recognize.

Bail for the provisional liberty of the accused, regardless of the crime, should be allowed independently of the merits of the charge, provided his incarceration is clearly shown to be injurious to his health or to endanger his life.”

I have presented the Two Faces of Justice regarding the Enrile bail petition. Let the people decide which face truly represents the majesty of equal justice.

Where the Write Things Are’s Classes for Kids and Teens

Young Writers’ Hangout on September 5 (11am-12:30pm) at Fully Booked Bonifacio High Street.  Classes are every first Saturday of the month. 

Write Away! Weekend: Getting started on your comic book on September 26 (1-4pm) with popular cartoonist and writer Manix Abrera at the Canadian American School Alphaland Makati Place.

For registration and fee details contact 0917-6240196 / [email protected].

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