Enrile to regain freedom

23
Enrile

Enrile

SC poised to let senator post bail

SENATOR Juan Ponce Enrile will be a free man again as the Supreme Court (SC) is set to grant his petition for bail this week.

Sources at the High Court said a 17-page draft decision ordering the provisional release of Enrile circulated among the justices last week.

The decision was written by Associate Justice Lucas Bersamin.


Sources told The Manila Times that an overwhelming majority of the justices are for the release of Enrile, 91, for humanitarian reasons.

They said there is even a chance for a unanimous ruling for the senator, who is under hospital arrest for plunder and graft.

The sources said most justices decided to show mercy and compassion for the senator because of his frail health.

The High Court set a bail of P500,000 for Enrile’s temporary liberty, according to the sources.

They said the draft decision “directs the immediate release of petitioner Enrile from custody or prison unless he is being detained for some other unlawful cause.”

It also will set aside resolutions issued by the Sandiganbayan’s Third Division and orders the “provisional release of petitioner Enrile upon posting of a cash bond of P500,000.00.”

SC justices will vote on the draft decision on Tuesday during their regular en banc session.

The sources said if there will be changes in the dispositive portion of the decision, these will be very minor and will likely involve some editing.

An SC official said the new draft deviates from the original draft, which centered on the issues of “mitigating circumstances.”

He added that more justices favored the granting of Enrile’s appeal because the draft decision focused on “humanitarian reasons.”

The sources said the justices agreed not to discuss mitigating circumstances since the senator has not been convicted yet and the issue is only limited to his petition for bail.

Only 14 justices will vote on the draft resolution because Associate Justice Francis Jardeleza inhibited from the case since he represented the government when he was the Solicitor General.

Associate Justice Bienvenido Reyes, although on medical leave, is expected to leave his vote with Chief Justice Maria Lourdes Sereno.

Last week, the SC granted Enrile’s petition for a Bill of Particulars in connection with the plunder complaint filed against him involving the pork barrel scam.

With the granting of Enrile’s petition, the case filed against the senator will go back to the Office of the Ombudsman, possibly compelling Ombudsman Conchita Carpio-Morales to reinvestigate the cases filed against the senator.

Those who voted in favor of Enrile were Associate Justices Presbitero Velasco, Teresita Leonardo-de Castro, Arturo Brion, Diosdado Peralta, Lucas Bersamin, Jose Perez, Jose Mendoza and Estela Perlas-Bernabe while dissenting were Chief Justice Sereno and Associate Justices Antonio Carpio, Mariano del Castillo, Martin Villarama and Marvic Leonen.

Associate Justice Bienvenido Reyes was on leave.

The former Senate president surrendered to the police in July last year.

He was accused of receiving P172 million in kickbacks from his Priority Development Assistance Fund (PDAF) or pork barrel, which he allegedly poured into dubious projects of non-government organizations owned or controlled by businesswoman Janet Lim-Napoles.

The SC declared the PDAF illegal in 2013.

Share.
.
Loading...

Please follow our commenting guidelines.

23 Comments

  1. eltee mulawin on

    >>> In this present administration, all law students and those who graduated was already confused about the existing law and existing law enforcement processes.
    This Pnoy admin …any persons or group they feel or knew not belong to their camp and allies shall be removed from their post and immediately put in jail without any evidence yet.

  2. surely he will regain his health again. then, you might as well release gloria, the arch enemy of aquino. but i doubt releasing gloria will happen. jailing politicians in the country is just for a show. justice is applied in the country on the multiple choice basis.

  3. This is absolutely ridiculous. Under the Rules which the Supreme Court itself promulgated, the Sandiganbayan must determine one thing only if it were to grant bail to a a person accused with a non-bailable offense: is the EVIDENCE of guilt strong? If so, then bail should be denied. If not, the accused must be allowed bail.

    The Sandiganbayan has not ruled on the strength of the evidence because Enrile has not asked for bail hearings. Because bail hearings have not begun, there is no evidence to evaluate yet. It is therefore improper to grant bail. Humanitarian considerations and risk of flight are NOT relevant factors at this stage. The one question that matters is the strength of the evidence.

  4. Willam Bennett on

    I agree with the decision of the SC, if SC accepted the petition filed by Enrile for a Bill of Particulars in connection with the plunder complaint filed against him involving the pork barrel scam, then there must be a reason for his Bail and for the case to go back to the Ombudsman for further investigation. Let us not prejudge him, instead let’s just wait what happens next.

  5. Luchelle ARana on

    JPE has done so much for the country and I swear his life and his political life is very interesting.I read his book “A Memoir” with 357 pages and I just read it in 3 consecutive nights ever.The only book i read so much fun and Im having my thumps up!Huwag na epal ang Aquino adminis3tion kac dami rin corrupt sa hanay nla wag maging hypocrite…I salute you Mr.JPE and welcome to the outside world again very soon.

  6. Looks like some of the readers of this newspaper prejudged Senator Enrile. He is a bar topnocher. The best lawyer in this country. He is unfortunately a CIA like Ramos. If I will choose as the lesser evil than Noy, Drillon or Belmonte, I’ll choose Senator Enrile.

    • Bull $$$. so we have to mess up and don’t worry later at the age of 90’s we will be set free.

      how about the victims of their oppressions???? lol

  7. I still believe that the prosecution does not have concrete evidence to convict Enrile. They only have Benhur Luy who will say anything against Enrile using his laptop excel listing which anyone can do. I wonder what will happen to Benhur and his families when Pnoy is gone. Kawawa ka naman Benhur kasi nagpa uto ka.

  8. This only shows how brilliant the man and how useless the Government of Pinoy is… in the first place there is no evidence that Enrile benefited from the PDAF…Senator Enrile will be free man again…

  9. This (description deleted – Mod) should never be given freedom,this (Curse Word deleted – Mod) is a murderer,smuggler thief,destroyed the coastline of Cagayan with illegal mining and many more.This show our justice system is corrupt.

  10. So when a rich man finally faces the consequences of his crimes, the Supreme Court takes pity on him and suspends the punishment.

    But if you’d look at our ordinary jail facilities, you’ll see that there are thousands of others who are being left for dead as their jail cells are filled way beyond their capacity. Heck the courts don’t even bat an eye when there are reports of prisoners who die because of tuberculosis and other diseases caused by their imprisonment. There was even a report of an old sickly woman who was imprisoned for decades and was only released because she was visited by the Pope!

    What more proof do we need that special treatment is given to Enrile’s group?
    All are NOT equal in the eyes of law.

  11. mario san antonio on

    kawawa naman si JP Enrile… 91 na siya.. for humanitarian reasons dapat bigyan na yan ng kalayaan… ano kaya ang magging pick up line dito ni MIRIAM SANTIAGO?

  12. armando flores on

    Accused convicted or are yet to be convicted who are 70 years old or more should no longer be detained or incarcerated in government facilities. Ailing or not, they should be allowed instead to be detained or served their sentence, if convicted, in their respective houses or places of choice outside of government prisons in the custody and responsibility of their relatives and under the strict watch of probation officers. Senior citizens at age 70 are already in the process of dying anyway and placing them under probation is humane.

  13. Ronto Caniada on

    I disagree the SC decision. Now that Mr. Enrile he got away from plunder and graft, where is the money that supposedly he have pocketed.
    So, I guess the next inline to get freedom is the two Senators, J Estrada and B. Revilla.

  14. We must let all accussed post bail except in certain cases, like murder. Bail is a right of all Filipinos, so that people will not be locked up until convicted. GMA and Enrile are two examples of a corrupted system where bail is denied to punish the accused before any verdict is handed down. They should both be out on bail. They will show up for trial.

  15. Enrile has been judged and found guilty by his countrymen. Guilty of being a thief of the worse kind……..stealing from his people. It is but proper for him to end his career in the same manner as his master Ferdinand Marcos, a branded thief of the worse kind. At least he has seen the inside of the “jail” as a prisoner.

  16. Frine Railsback on

    Just wondering why they have “humanitarian reasons” for Enrile when Gloria Macapagal-Arroyo is still on hospital arrest and is also considered frail.
    I think it is very unfair.

  17. The mother of all ironies is that the Yellow horde which Enrile placed in power in 1986 by his betrayal of Marcos, is the same Yellow horde that now threw him in jail.

  18. pres. ARROYO should also be treated as per rule of law … THIS INCLUDES ALL THOSE WHO ARE VICTIMS OF aquino’s JAILING PEOPLE FOR POLITICAL REASSONS . … What is ARROYO GUILTY OF to be detained for years while aquino is the president ??????

  19. SC, that will be your biggest mistake. Sabi ni Enrile, lintek lang ang walang ganti. alalahanin ninyo, noong impeachment ni chief justice, halos i-blackmail kayo ng mga mambabatas na kayo ang isusunod na i-impeach kapag hindi kayo sumunod sa gusto nila.

  20. SALVACION CAHAYAG on

    This Enrile has no shame at all. He should deserve no mercy. An old man accused of
    pundering taxpayers money? No shame. Anyway. What goes around comes around.
    KARMA. He surely deserves to be incarcerated the rest of his life. He is traitor. He is likened to Judas Escariot for betraying Marcos. Look what happened to him. By now,
    if he still have something good in his nerve, he should be devoting his time asking for
    the forgiveness for all the acts of betrayal that he did. Judas was better because
    he realized the consequence of his acts, he voluntarily hanged himself. This Enrile
    is worst. Again this Enrile deserves NO MERCY. IT’S ALL ABOUT KARMA.

    • YES NA KARMA SI TANDA AT SILA SEXY AT POGI. sa pag payag nilang bilhin ni boy sisi ang kanilang boto sa pag impeach kay corona, sila naman ang isinunod ni boy sisi na tirahin at ipakulong. swerte si tanda, mas magaling ang abugado nya at alam kung ano ang titirahing punto. well we cannot do anything about it. it is the law which should prevail and not the will of boy sisi which is almost always crooked.