Sandigan junks JPE bail petition

MANILA, Philippines - Senate Minority Leader Juan Ponce Enrile cannot be granted bail before the court assesses the evidence against him, the Sandiganbayan ruled.

It denied yesterday Enrile’s motion for reconsideration and stood firm on its July 3, 2014 decision denying him bail.

The anti-graft court’s Third Division said in capital offenses, bail can only be granted and fixed 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.

“Bail as to him is discretionary and such discretion is exercisable by the court only after the prosecution presented its evidence in a bail hearing,” they said.

Enrile filed a motion to fix amount of bail after he was ordered arrested and detained in Camp Crame.

The Sandiganbayan said it cannot determine the amount of bail prior to determining if bail can be granted.

Enrile appealed the ruling, insisting that he has a right to bail.

However, the anti-graft court said it is only after the prosecution had presented evidence that it could determine that the evidence of guilt is not strong against Enrile, thus he could demand bail as a matter of right.

“Then and only then will the court be duty-bound to fix the amount of his bail,” read the decision.

“No amount of legal hermeneutics can justify accused Enrile’s insistence that the court should already grant him bail pending the prosecution’s presentation of its evidence showing proof of his guilt.”  

Presiding Justice Amparo Cabotaje-Tang and Associate Justices Samuel Martires and Alex Quiroz made the decision.

The Sandiganbayan also denied Enrile’s motion for reconsideration of its decision upholding the plunder case against against him.

Justices of the Third  Division said Enrile’s arguments are mere rehash of those raised in his omnibus motion.

“Accused Enrile has failed to present any sound reason why  the court should alter its earlier ruling,” read the decision.

Emergency eye procedure

Enrile asked the Sandiganbayan yesterday to move his scheduled medical examination at the Philippine General Hospital (PGH) in Manila on Monday and Tuesday because he needs to undergo an emergency eye procedure at the Asian Eye Institute in Makati next week.

His lawyers told the anti-graft court’s Third Division that he is willing to undergo the needed tests at the government hospital in relation to his request for continued detention at the Philippine National Police General Hospital  in Camp Crame.

The lawyers said Enrile was found to have an abnormal blood clot in the eye last Aug. 7, which is causing loss of visual acuity and other serious medical problems and complications.

“He was directed to rest and go to the Asian Eye Institute, Makati City, for an emergency  procedure and post-procedure  examination on Aug. 12 and 13, 2014, both at 7 a.m.,” they said.

The lawyers said the procedure at the Makati clinic is in conflict with the Sandiganbayan’s order for the Criminal Investigation and Detection Group (CIDG) to bring Enrile to the PGH on Aug.11 and 12 at 7:30 a.m.

“The eye procedure to be performed by required specialists and equipment should take precedence at this time,” they added. 

Rosary in court

Janet Lim-Napoles now carries a rosary and a prayer book whenever she attends hearings at the Sandiganbayan.

The alleged pork barrel scam mastermind’s lawyer Stephen David told The STAR yesterday that Napoles has left her fate to God.

“She’s happier now,” he said. “She clings to her prayer book and reads it and brings a rosary to court now while attending hearings.”

It is the second time that Napoles attended a Sandiganbayan bail hearing since her transfer from Fort Sto. Domingo to the Bureau of Jail Management and Penology (BJMP) female dormitory in Camp Bagong Diwa in Taguig.