FACTS:
On June 5, 2014, Petitioner Juan Ponce Enrile was charged with plunder in the
Sandiganbayan on the basis of his purported involvement in the Priority Development
Assistance Fund (PDAF) Scam. Initially, Enrile in an Omnibus Motion requested to post
bail, which the Sandiganbayan denied. On July 3, 2014, a warrant for Enrile's arrest was
issued, leading to Petitioner's voluntary surrender.
Petitioner again asked the Sandiganbayan in a Motion to Fix Bail which was heard by
the Sandiganbayan. Petitioner argued that: (a) Prosecution had not yet established that
the evidence of his guilt was strong; (b) that, because of his advanced age and voluntary
surrender, the penalty would only be reclusion temporal, thus allowing for bail and; (c) he
is not a flight risk due to his age and physical condition. Sandiganbayan denied this in its
assailed resolution. Motion for Reconsideration was likewise denied.
ISSUE1:
1) Whether or not bail may be granted as a matter of right unless the crime charged is
punishable by reclusion perpetua where the evidence of guilt is strong.
a. Whether or not prosecution failed to show that if ever petitioner would be convicted,
he will be punishable by reclusion perpetua.
HELD1:
YES.
Bail as a matter of right – due process and presumption of innocence.
Article III, Sec. 14 (2) of the 1987 Constitution provides that in all criminal prosecutions,
the accused shall be presumed innocent until the contrary is proved. This right is
safeguarded by the constitutional right to be released on bail.
The purpose of bail is to guarantee the appearance of the accused at trial and so the
amount of bail should be high enough to assure the presence of the accused when so
required, but no higher than what may be reasonably calculated to fulfill this purpose.
Exception: Unless he is charged with an offense punishable with reclusion perpetua [or
life imprisonment] and the evidence of his guilt is strong.
Thus, denial of bail should only follow once it has been established that the evidence of
guilt is strong. Where evidence of guilt is not strong, bail may be granted according to
the discretion of the court.
Bail, when discretionary. — Upon conviction by the Regional Trial Court of an offense
not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is
discretionary. The application for bail may be filed and acted upon by the trial court
despite the filing of a notice of appeal, provided it has not transmitted the original record
to the appellate court. However, if the decision of the trial court convicting the accused
changed the nature of the offense from non-bailable to bailable, the application for bail
can only be filed with and resolved by the appellate court.
Should the court grant the application, the accused may be allowed to continue on
provisional liberty during the pendency of the appeal under the same bail subject to the
consent of the bondsman.
If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the
accused shall be denied bail, or his bail shall be cancelled upon a showing by the
prosecution, with notice to the accused, of the following or other similar circumstances:
(b) That he has previously escaped from legal confinement, evaded sentence, or
violated the conditions of his bail without valid justification;
(c) That he committed the offense while under probation, parole, or conditional pardon;
(d) That the circumstances of his case indicate the probability of flight if released on bail;
or
(e) That there is undue risk that he may commit another crime during the pendency of
the appeal.
The appellate court may, motu proprio or on motion of any party, review the resolution of
the Regional Trial Court after notice to the adverse party in either case.
1. In all cases, whether bail is a matter of right or of discretion, notify the prosecutor of
the hearing of the application for bail or require him to submit his recommendation
(Section 18, Rule 114 of the Rules of Court as amended);
2. Where bail is a matter of discretion, conduct a hearing of the application for bail
regardless of whether or not the prosecution refuses to present evidence to show that
the guilt of the accused is strong for the purpose of enabling the court to exercise its
sound discretion; (Section 7 and 8, supra)
3. Decide whether the guilt of the accused is strong based on the summary of evidence
of the prosecution;
4. If the guilt of the accused is not strong, discharge the accused upon the approval of
the bailbond (Section 19, supra) Otherwise petition should be denied.
ISSUE2:
Whether or not petitioner is bailable because he is not a flight risk.
HELD2:
YES.
x x x uphold the fundamental human rights as well as value the worth and dignity of
every person. This commitment is enshrined in Section II, Article II of our Constitution
which provides: “The State values the dignity of every human person and guarantees full
respect for human rights.” The Philippines, therefore, has the responsibility of protecting
and promoting the right of every person to liberty and due process, ensuring that those
detained or arrested can participate in the proceedings before a court, to enable it to
decide without delay on the legality of the detention and order their release if justified. In
other words, the Philippine authorities are under 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. (emphasis in decision)