ENRILE vs. Sandiganbayan and PeopleFull description
case digestFull description
Enrile v. AminFull description
Criminal ProcedureFull description
Full description
A short comprehensive digest of a case on ethicsFull description
Pilapil v Sandiganbayan
evidence, 3C, atty francis limFull description
Cervantes crim pro
crim proFull description
asFull description
crimpro
01 Hernan v Sandiganbayan
Crim ProFull description
DigestFull description
Clyde E. Tan
201117748
Enrile v. Sandiganbayan G.R. No. 213847 Date of Promulgation: August 18, 2015 Ponente: Bersamin, J Petition: Certiorari Petitioner: Juan Ponce Enrile Respondents: Sandiganbayan (Third Division), and People of the Philippines Facts: On June 5, 2014 Senator Juan Ponce Enrile was charged by the Office of the Ombudsman with plunder in the Sandiganbayan on the basis of his purported involvement in the diversion and misuse of appropriations under the Priority Development Assistance Fund (PDAF). The case is a petition for certiorari to annul the decision of the Sandiganbayan denying his Motion to fix bail and Motion for Reconsideration on the following grounds: (a) The prosecution failed to show conclusively that Enrile, if ever convicted, is punishable by reclusion perpetua; (b) The prosecution failed to show that evidence of Enrile’s guilt is strong; (c) Enrile is not a flight risk. Issue: Whether or not Enrile can bail YES Ruling: 1. The purpose of the bail is to guarantee the appearance of the accused at the trial. 2. It is the Philippine’s responsibility in the international community under the Universal Declaration of Human Rights “….of protecting and promoting the right of every person to liberty and due process…under the obligation to make available to every person under detention such remedies which safeguard their fundamental right to liberty. These remedies include the right to be admitted to bail”. 3. Enrile is not a flight risk because of his social and political standing and his having immediately surrendered to the authorities upon being charged in court. 4. The currently fragile state of Enrile’s health is a compelling justification for his admission to bail. (Chronic hypertension, diffuse atherosclerotic cardiovascular disease, Atrial and Ventricular Arrhythmia, etc.)
Dissenting Opinion of Justice Marvic M.V.F. Leonen 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 is a special accommodation for the petitioner. The prosecution should have been given the opportunity to rebut the allegation that petitioner suffers from medical conditions. The invocation of a general human rights principle does not provide clear legal basis for the grant of bail on humanitarian grounds. It is neither presently provided in our Rules of Court nor found in any statue or provision of the Constitution. This sets a dangerous precedent for the granting of bail on the basis of humanitarian conditions, which is determined by the personal discretion of the trial judge. The grant of provisional liberty to petitioner without any determination of whether the evidence of guilt is strong violates the clear and unambiguous text of the constitution.