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9.) Enrile V Sandiganbayan

1. Former Senate President Juan Ponce Enrile filed a petition for certiorari against the Sandiganbayan's denial of his motion to be granted bail while facing charges of plunder. 2. The Sandiganbayan denied Enrile's motion for bail on the grounds that he had not yet surrendered, but Enrile later surrendered himself to authorities. 3. The Supreme Court ultimately granted Enrile's petition, finding that based on his social standing, history of respecting legal processes, and lack of risk of flight, he should be granted bail on humanitarian grounds to ensure his appearance at trial.

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92 views2 pages

9.) Enrile V Sandiganbayan

1. Former Senate President Juan Ponce Enrile filed a petition for certiorari against the Sandiganbayan's denial of his motion to be granted bail while facing charges of plunder. 2. The Sandiganbayan denied Enrile's motion for bail on the grounds that he had not yet surrendered, but Enrile later surrendered himself to authorities. 3. The Supreme Court ultimately granted Enrile's petition, finding that based on his social standing, history of respecting legal processes, and lack of risk of flight, he should be granted bail on humanitarian grounds to ensure his appearance at trial.

Uploaded by

Felix Diaz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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9. Enrile v.

Sandiganbayan
G.R. No. 213847 August 18, 2015
Bersamin, J.:
Prepared by: Kelly Tsang
Right to Bail – Standard of evidence to be granted bail in non-criminal
proceedings

Facts:
On June 5, 2014, the Office of the Ombudsman charged Enrile and several others with
plunder in the Sandiganbayan on the basis of their purported involvement in the
diversion and misuse of appropriations under the Priority Development Assistance Fund
(PDAF). Enrile filed his Omnibus Motion and Supplemental Opposition on June 10,
2014 and June 16, 2014 respectively, that he be allowed to post bail should probable
cause be found against him.

The Sandiganbayan denied the petitioner’s motion, particularly on the matter on bail, on
the ground of prematurity considering that Enrile had not yet voluntarily surrendered or
been placed under the custody of law. Sandiganbayan ordered the arrest of petitioner.
The same day the warrant of arrest was issued, Enrile surrendered himself to Director
Magalong of CIDG and was later on confined at the PNP General Hospital following his
medical examination.

Petitioner filed his Motion for Detention and Motion to fix Bail, asserting that (a) the
Prosecution had not yet established that the evidence of his guilt was strong; (b)
although he was charged with plunder, the penalty as to him would only be reclusion
temporal, not reclusion perpetua; and (c) he was not a flight risk, and his age and
physical condition must further be seriously considered. This, too, was denied by
Sandiganbayan.

In its comment, the Ombudsman contends that Enrile’s right of bail is discretionary as
he is charged with a capital offense; that to be granted bail, it is mandatory that a bail
hearing be conducted to determine whether there is strong evidence of his guilt, or the
lack of it; and that entitlement to bail considers the imposable penalty, regardless of the
attendant circumstances.
ISSUE:
Whether or not Enrile is entitled to Bail.

HELD:
Yes, Enrile should be entitled to bail as a matter of right based on humanitarian
grounds. The primary objective bail is to ensure that the accused appears on trial.
Persons authorized for bail must have a clear and convincing showing that the detainee
will not be a flight risk or a danger to the community and that there exist special,
humanitarian, and compelling circumstances. With his social and political standing and
his having immediately surrendered to the authorities upon his being charged in court
indicate that the risk of his flight or escape from this jurisdiction is highly unlikely. His
personal disposition from the onset of his indictment for plunder, formal or otherwise,
has demonstrated his utter respect for the legal processes of this country. Even when
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 his trial because he was not seen as a flight risk. The Court
believes that with petitioner’s solid reputation in both his public and his private lives, his
long years of public service, and history’s judgment of him being at stake. Enrile should
be granted bail.

Court granted Petition for Certiorari.

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