A bail for Senator J P Enrile, its far-reaching implications
Malacañang, the Ombudsman, and the Sandiganbayan have all suffered a serious setback with the 8 to 4 Supreme Court split decision in favor of granting bail to Senator Juan Ponce Enrile the other day. This decision is a major breakthrough in the administration of justice in this country. The president and his seemingly relentless advocacy to prosecute all whom he perceived to be corrupt might, by this ruling, have been substantially jeopardized. But these are legal luminaries deciding, learned in law and in dispensing justice. And although the decision is far from unanimous, the majority has spoken and because we have a government of law, and not of men, we all have to respect this judgment of the highest court of the land. The majority has cited enough legal basis.
We, of course, respect both the majority and the minority opinions. They all stand on their principled appreciation of the facts in the light of applicable law and doctrine that are all anchored on well-settled in jurisprudence. It is just coincidence that the dissenters are appointees of president Aquino except for Senior Associate Justice Carpio who is a cousin of the Ombudsman, Conchita Carpio-Morales.This major victory of the former Senate president, the 91-year-old JPE may mean that there might be brighter prospects for Senators Jinggoy Estrada and Bong Revilla to get similar ruling in their respective petitions for bail. So also with Senator Gringo Honasan, in case the Ombudsman would opt to indict him too, as recommended by the Secretary of Justice.
There are usually a number of reasons why a bail petition may be granted under our criminal justice system, one of which is when a possibility of flight is remote, say, for instance, because the accused is occupying a high position in government (like that of a senator of the Republic). But the most devastating to the prosecution is when there is a statement that the evidence of guilt is not strong. In fact, earlier, a week ago, the same High Court also granted Senator Enrile's petition for a bill of particulars, implying that the charges are unclear and imprecise. Enen Associate Justice Perlas-Bernabe who dissented in the bail ruling, agreed with the majority in allowing a bill of particulars.This is portentous and may seriously put in doubt the prosecution's cause.
Senate President Franklin Drilon, who is also a Bar topnotcher himself, said that the Senate will always respect, follow and implement the decisions of the Court, and that the senators will abide by the legal processes as they have always done in the past. Senator Chiz Escudero texted the old man and congratulated the nonagenarian Senator JPE for his major legal victory. Senate Protempore Ralph Recto looks forward to working again with whom he calls the "youngest member of the Senate" especially given the heavy load of the Senate. Senator Recto expects Senator Enrile to help the Senate on the BBL and the budget with Enrile's mastery of both law and finance. Even Enrile's critic, Senator Trillanes IV, expressed willingness to welcome back JPE.
Perhaps the happiest persons, aside from JPE's family members, are Senators Jinggoy and Bong who both have pending petitions for bail. Although they are not ninety years old, Jinggoy and Bong have raised similar line of arguments and defenses. That means that the two can see a light at the end of the tunnel. And perhaps even former President GMA. There are many who could invoke this latest ruling of the highest court of the land. This landmark precedent can benefit all detained prisoners regardless of party affiliation. It now appears that the majority in the Court have the will and strength in character to stand by their own principles, even if their ruling can displease both the president and the Ombudsman.
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