• SC may allow Enrile to post bail

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    Sen. Juan Ponce Enrile

    Sen. Juan Ponce Enrile

    THERE’S a chance that Sen. Juan Ponce Enrile, who is under hospital arrest for plunder, will gain his temporary liberty when the Supreme Court (SC) votes on his petition for bail on Tuesday.

    Sources at the High Court said voting will be close because the justices are almost equally divided on Enrile’s petitions for Bill of Particulars and for bail.

    The SC en banc will tackle both petitions tomorrow.

    Unimpeachable sources over the weekend told The Manila Times that two draft decisions have been prepared and will be voted on by 14 justices.

    Associate Justice Francis Jardeleza inhibited himself because he had handled the case when he was the Solicitor General.

    A source said Associate Justice Bienvenido Reyes, who is currently on medical leave, has left his vote.

    The sources said Associate Justice Lucas Bersamin, the ponente, is of the belief that Enrile should be allowed to post bail for humanitarian reasons.

    The senator, who was accused of receiving kickbacks from the use of his Priority Development Assistance Fund or pork barrel, is 91 years old.

    Enrile’s age may work for him because under the Revised Penal Code, convicts aged 70 and above are given sentences a degree lower, meaning those who should be sentenced to reclusion temporal penalty under normal circumstances will only get a jail sentence of 12 to 20 years.

    This principle will apply to Enrile if he will be convicted.

    Also, the senator will be given credit because of his voluntary surrender.

    One of the justices who is not in favor of allowing Enrile to post bail is Justice Marvic Leonen, who wanted proof to show that the senator is indeed 91 years old.

    A source said the other justices laughed off Leonen’s request for a copy of Enrile’s birth certificate, lecturing him that it is of “judicial notice” that the senator is an old man.

    Leonen has circulated his dissenting opinion stating that the case must be remanded to the Sandiganbayan for the anti-graft court to determine if the evidence of guilt is strong.

    Associate Justice Estela Perlas-Bernabe also manifested her dissent, the source said.

    Bill of Particulars
    On the senator’s petition for Bill of Particulars, the source noted that justices are inclined to vote for Enrile.

    Associate Justice Arturo Brion, who was designated the ponente of the case, is in favor of granting Enrile’s petition, the source said.

    In his petition, Enrile accused the Sandiganbayan’s 3rd Division of committing grave abuse of discretion amounting to lack or excess of jurisdiction.

    If his petition is granted, the case will go back to the Office of the Ombudsman and a reinvestigation will be conducted.

    Bernabe, the source said, has issued a separate opinion concurring with Brion.

    She, however, expressed reservations on Brion’s draft ponencia that Enrile undergo another arraignment.

    Senior Associate Justice Antonio Carpio is also against the ponencia of Brion, the source said.

    Carpio also wrote his dissenting opinion blocking Enrile’s plea.

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    7 Comments

    1. His age didnt stop him committing his crime. Hes never admitted his guilt & explained all he knows & for that reason alone he shouldnt get bail or a lighter sentance. Then the biggest reason of all why he shouldnt get bail is isnt his offence a supposed none bailable offence. So if its non bailable how can you get bail, its beyond me. How much of the stolen money will he give back to the nation, none at all as he wants to keep it for himself & his family. Dont let his age invoke sympathy for him as he deserves none as his age didnt lead him to think of the poor of this country, he was rich & only thought of getting richer & richer.

    2. Does it mean that an old man, 70 years old or older, has the right to do an act act of plunder? Anyway, he will be granted bail.

      Bail should not be granted to Enrile because when he committed the plunder, he iwas already very old.

    3. SALVACION CAHAYAG on

      Filipinos should be accorded with equal protection of laws and fairness as with other
      criminals regardless of age and stature. In the case of Enrile, he is accuse of plunder
      Being at old age should be no excuse. Being an old man, he should have thought
      of the consequences before committing these acts. He should have know better.
      Anyway, “What goes around comes around. Its KARMA FOR WHAT HE DID TO
      MARCOS.

      • not only to marcos but to ex cj corona. he was so arrogant in convicting corona as if he didnt steal anything from the goverment coffers.let justice serve its due course and let him stay in jail.