EN BANC
G.R. No. 213847, August 18, 2015
JUAN PONCE ENRILE, Petitioner, v. SANDIGANBAYAN (THIRD DIVISION), AND PEOPLE OF THE PHILIPPINES, Respondents.
D E C I S I O N
BERSAMIN, J.:
The decision whether to detain or release an accused before and during trial is ultimately an incident of the judicial power to hear and determine his criminal case. The strength of the Prosecution’s case, albeit a good measure of the accused’s propensity for flight or for causing harm to the public, is subsidiary to the primary objective of bail, which is to ensure that the accused appears at trial.1
x x x [I]t is only after the prosecution shall have presented its evidence and the Court shall have made a determination that the evidence of guilt is not strong against accused Enrile can he demand bail as a matter of right. Then and only then will the Court be duty-bound to fix the amount of his bail.On August 8, 2014, the Sandiganbayan issued its second assailed resolution to deny Enrile’s motion for reconsideration filed vis-à-vis the July 14, 2014 resolution.15
To be sure, no such determination has been made by the Court. In fact, accused Enrile has not filed an application for bail. Necessarily, no bail hearing can even commence. It is thus exceedingly premature for accused Enrile to ask the Court to fix his bail.
x x x x
Accused Enrile next argues that the Court should grant him bail because while he is charged with plunder, “the maximum penalty that may be possibly imposed on him is reclusion temporal, not reclusion perpetua.” He anchors this claim on Section 2 of R.A. No. 7080, as amended, and on the allegation that he is over seventy (70) years old and that he voluntarily surrendered. “Accordingly, it may be said that the crime charged against Enrile is not punishable by reclusion perpetua, and thus bailable.”
The argument has no merit.
x x x x
x x x [F]or purposes of bail, the presence of mitigating circumstance/s is not taken into consideration. These circumstances will only be appreciated in the imposition of the proper penalty after trial should the accused be found guilty of the offense charged. x x x
x x x x
Lastly, accused Enrile asserts that the Court should already fix his bail because he is not a flight risk and his physical condition must also be seriously considered by the Court.
Admittedly, the accused’s age, physical condition and his being a flight risk are among the factors that are considered in fixing a reasonable amount of bail. However, as explained above, it is premature for the Court to fix the amount of bail without an anterior showing that the evidence of guilt against accused Enrile is not strong.
WHEREFORE, premises considered, accused Juan Ponce Enrile’s Motion to Fix Bail dated July 7, 2014 is DENIED for lack of merit.
SO ORDERED.ChanRoblesVirtualawlibrary14cralawlawlibrary
Enrile claims that before judgment of conviction, an accused is entitled to bail as matter of right; that it is the duty and burden of the Prosecution to show clearly and conclusively that Enrile comes under the exception and cannot be excluded from enjoying the right to bail; that the Prosecution has failed to establish that Enrile, if convicted of plunder, is punishable by reclusion perpetua considering the presence of two mitigating circumstances – his age and his voluntary surrender; that the Prosecution has not come forward with proof showing that his guilt for the crime of plunder is strong; and that he should not be considered a flight risk taking into account that he is already over the age of 90, his medical condition, and his social standing.
- Before judgment of the Sandiganbayan, Enrile is bailable as a matter of right. Enrile may be deemed to fall within the exception only upon concurrence of two (2) circumstances: (i) where the offense is punishable by reclusion perpetua, and (ii) when evidence of guilt is strong.
x x x x- The prosecution failed to show clearly and conclusively that Enrile, if ever he would be convicted, is punishable by reclusion perpetua; hence, Enrile is entitled to bail as a matter of right.
x x x x- The prosecution failed to show clearly and conclusively that evidence of Enrile’s guilt (if ever) is strong; hence, Enrile is entitled to bail as a matter of right.
x x x x- At any rate, Enrile may be bailable as he is not a flight risk.16
x x x All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.This constitutional provision is repeated in Section 7, Rule 11424 of the Rules of Court, as follows:
Section 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable. — No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the criminal prosecution.A capital offense in the context of the rule refers to an offense that, under the law existing at the time of its commission and the application for admission to bail, may be punished with death.25
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration; (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.
x x x Even before its pronouncement in the Lim case, this Court already ruled in People vs. Dacudao, etc., et al. that a hearing is mandatory before bail can be granted to an accused who is charged with a capital offense, in this wise:The hearing, which may be either summary or otherwise, in the discretion of the court, should primarily determine whether or not the evidence of guilt against the accused is strong. For this purpose, a summary hearing means: –
chanRoblesvirtualLawlibraryThe respondent court acted irregularly in granting bail in a murder case without any hearing on the motion asking for it, without bothering to ask the prosecution for its conformity or comment, as it turned out later, over its strong objections. The court granted bail on the sole basis of the complaint and the affidavits of three policemen, not one of whom apparently witnessed the killing. Whatever the court possessed at the time it issued the questioned ruling was intended only for prima facie determining whether or not there is sufficient ground to engender a well-founded belief that the crime was committed and pinpointing the persons who probably committed it. Whether or not the evidence of guilt is strong for each individual accused still has to be established unless the prosecution submits the issue on whatever it has already presented. To appreciate the strength or weakness of the evidence of guilt, the prosecution must be consulted or heard. It is equally entitled as the accused to due process.
x x x x
Certain guidelines in the fixing of a bailbond call for the presentation of evidence and reasonable opportunity for the prosecution to refute it. Among them are the nature and circumstances of the crime, character and reputation of the accused, the weight of the evidence against him, the probability of the accused appearing at the trial, whether or not the accused is a fugitive from justice, and whether or not the accused is under bond in other cases. (Section 6, Rule 114, Rules of Court) It is highly doubtful if the trial court can appreciate these guidelines in an ex-parte determination where the Fiscal is neither present nor heard.
x x x such brief and speedy method of receiving and considering the evidence of guilt as is practicable and consistent with the purpose of hearing which is merely to determine the weight of evidence for purposes of bail. On such hearing, the court does not sit to try the merits or to enter into any nice inquiry as to the weight that ought to be allowed to the evidence for or against the accused, nor will it speculate on the outcome of the trial or on what further evidence may be therein offered or admitted. The course of inquiry may be left to the discretion of the court which may confine itself to receiving such evidence as has reference to substantial matters, avoiding unnecessary thoroughness in the examination and cross examination.33cralawlawlibraryIn resolving bail applications of the accused who is charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, the trial judge is expected to comply with the guidelines outlined in Cortes v. Catral,34 to wit:
- 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);
- 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)
- Decide whether the guilt of the accused is strong based on the summary of evidence of the prosecution;
- 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.
Yet, we do not determine now the question of whether or not Enrile’s averment on the presence of the two mitigating circumstances could entitle him to bail despite the crime alleged against him being punishable with reclusion perpetua,37 simply because the determination, being primarily factual in context, is ideally to be made by the trial court.
- As regards the assertion that the maximum possible penalty that might be imposed upon Enrile is only reclusion temporal due to the presence of two mitigating circumstances, suffice it to state that the presence or absence of mitigating circumstances is also not consideration that the Constitution deemed worthy. The relevant clause in Section 13 is “charged with an offense punishable by.” It is, therefore, the maximum penalty provided by the offense that has bearing and not the possibility of mitigating circumstances being appreciated in the accused’s favor.36
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.38cralawlawlibraryThis national commitment to uphold the fundamental human rights as well as value the worth and dignity of every person has authorized the grant of bail not only to those charged in criminal proceedings but also to extraditees upon a clear and convincing showing: (1) that the detainee will not be a flight risk or a danger to the community; and (2) that there exist special, humanitarian and compelling circumstances.39
Dr. Gonzales attested that the following medical conditions, singly or collectively, could pose significant risks to the life of Enrile, to wit: (1) uncontrolled hypertension, because it could lead to brain or heart complications, including recurrence of stroke; (2) arrhythmia, because it could lead to fatal or non-fatal cardiovascular events, especially under stressful conditions; (3) coronary calcifications associated with coronary artery disease, because they could indicate a future risk for heart attack under stressful conditions; and (4) exacerbations of ACOS, because they could be triggered by certain circumstances (like excessive heat, humidity, dust or allergen exposure) which could cause a deterioration in patients with asthma or COPD.43
(1) Chronic Hypertension with fluctuating blood pressure levels on multiple drug therapy; (Annexes 1.1, 1.2, 1.3); (2) Diffuse atherosclerotic cardiovascular disease composed of the following: a. Previous history of cerebrovascular disease with carotid and vertebral artery disease; (Annexes 1.4, 4.1) b. Heavy coronary artery calcifications; (Annex 1.5) c. Ankle Brachial Index suggestive of arterial calcifications. (Annex 1.6) (3) Atrial and Ventricular Arrhythmia (irregular heart beat) documented by Holter monitoring; (Annexes 1.7.1, 1.7.2) (4) Asthma-COPD Overlap Syndrom (ACOS) and postnasal drip syndrome; (Annexes 2.1, 2.2) (5) Ophthalmology: a. Age-related mascular degeneration, neovascular s/p laser of the Retina, s/p Lucentis intra-ocular injections; (Annexes 3.0, 3.1, 3.2) b. S/p Cataract surgery with posterior chamber intraocular lens. (Annexes 3.1, 3.2) (6) Historical diagnoses of the following: a. High blood sugar/diabetes on medications; . b High cholesterol levels/dyslipidemia; c. Alpha thalassemia; d. Gait/balance disorder; e. Upper gastrointestinal bleeding (etiology uncertain) in 2014; f. Benign prostatic hypertrophy (with documented enlarged prostate on recent ultrasound).42
Bail for the provisional liberty of the accused, regardless of the crime charged, should be allowed independently of the merits of the charge, provided his continued incarceration is clearly shown to be injurious to his health or to endanger his life. Indeed, denying him bail despite imperiling his health and life would not serve the true objective of preventive incarceration during the trial.
x x x x JUSTICE MARTIRES: The question is, do you feel comfortable with the continued confinement of Senator Enrile at the Philippine National Police Hospital? DR. SERVILLANO: No, Your Honor. JUSTICE MARTIRES: Director, doctor, do you feel comfortable with the continued confinement of Senator Enrile at the PNP Hospital? PSUPT. JOCSON: No, Your Honor. JUSTICE MARTIRES: Why? PSUPT. JOCSON: Because during emergency cases, Your Honor, we cannot give him the best. x x x x JUSTICE MARTIRES: At present, since you are the attending physician of the accused, Senator Enrile, are you happy or have any fear in your heart of the present condition of the accused vis a vis the facilities of the hospital? DR. SERVILLANO: Yes, Your Honor. I have a fear. JUSTICE MARTIRES: That you will not be able to address in an emergency situation? DR. SERVILLANO: Your Honor, in case of emergency situation we can handle it but probably if the condition of the patient worsen, we have no facilities to do those things, Your Honor.45 x x x x
x x x This court, in disposing of the first petition for certiorari, held the following:
chanRoblesvirtualLawlibraryx x x [U]nless allowance of bail is forbidden by law in the particular case, the illness of the prisoner, independently of the merits of the case, is a circumstance, and the humanity of the law makes it a consideration which should, regardless of the charge and the stage of the proceeding, influence the court to exercise its discretion to admit the prisoner to bail;47 x x xConsidering the report of the Medical Director of the Quezon Institute to the effect that the petitioner “is actually suffering from minimal, early, unstable type of pulmonary tuberculosis, and chronic, granular pharyngitis,” and that in said institute they “have seen similar cases, later progressing into advance stages when the treatment and medicine are no longer of any avail;” taking into consideration that the petitioner’s previous petition for bail was denied by the People’s Court on the ground that the petitioner was suffering from quiescent and not active tuberculosis, and the implied purpose of the People’s Court in sending the petitioner to the Quezon Institute for clinical examination and diagnosis of the actual condition of his lungs, was evidently to verify whether the petitioner is suffering from active tuberculosis, in order to act accordingly in deciding his petition for bail; and considering further that the said People’s Court has adopted and applied the well-established doctrine cited in our above-quoted resolution, in several cases, among them, the cases against Pio Duran (case No. 3324) and Benigno Aquino (case No. 3527), in which the said defendants were released on bail on the ground that they were ill and their continued confinement in New Bilibid Prison would be injurious to their health or endanger their life; it is evident and we consequently hold that the People’s Court acted with grave abuse of discretion in refusing to release the petitioner on bail.48cralawlawlibrary
x x x x
It is relevant to observe that granting provisional liberty to Enrile will then enable him to have his medical condition be properly addressed and better attended to by competent physicians in the hospitals of his choice. This will not only aid in his adequate preparation of his defense but, more importantly, will guarantee his appearance in court for the trial.
On the other hand, to mark time in order to wait for the trial to finish before a meaningful consideration of the application for bail can be had is to defeat the objective of bail, which is to entitle the accused to provisional liberty pending the trial. There may be circumstances decisive of the issue of bail – whose existence is either admitted by the Prosecution, or is properly the subject of judicial notice – that the courts can already consider in resolving the application for bail without awaiting the trial to finish.49 The Court thus balances the scales of justice by protecting the interest of the People through ensuring his personal appearance at the trial, and at the same time realizing for him the guarantees of due process as well as to be presumed innocent until proven guilty.
Accordingly, we conclude that the Sandiganbayan arbitrarily ignored the objective of bail to ensure the appearance of the accused during the trial; and unwarrantedly disregarded the clear showing of the fragile health and advanced age of Enrile. As such, the Sandiganbayan gravely abused its discretion in denying Enrile’s Motion To Fix Bail. Grave abuse of discretion, as the ground for the issuance of the writ of certiorari, connotes whimsical and capricious exercise of judgment as is equivalent to excess, or lack of jurisdiction.50 The abuse must be so patent and gross as to amount to an evasion of a positive duty or to a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility.51
WHEREFORE, the Court GRANTS the petition for certiorari; ISSUES the writ of certiorari ANNULING and SETTING ASIDE the Resolutions issued by the Sandiganbayan (Third Division) in Case No. SB-14-CRM-0238 on July 14, 2014 and August 8, 2014; ORDERS the PROVISIONAL RELEASE of petitioner Juan Ponce Enrile in Case No. SB-14-CRM-0238 upon posting of a cash bond of P1,000,000.00 in the Sandiganbayan; and DIRECTS the immediate release of petitioner Juan Ponce Enrile from custody unless he is being detained for some other lawful cause.
No pronouncement on costs of suit.
SO ORDERED.ChanRoblesVirtualawlibrary
Sereno, C. J., I join the Dissent of J. Leonen.
Velasco, Jr., J., Leonardo-De Castro, Brion, Perez, and Mendoza, JJ., concur.
Carpio, J., I join the Dissent of J. Leonen.
Peralta, J., for humanitarian reasons.
Del Castillo, J., I concur in the result based on humanitarian grounds.
Villarama, Jr., J., on official leave.
Reyes, J., on sick leave.
Perlas-Bernabe, J., I joint the dissent of J. Leonen.
Leonen, J., I dissent, see separate opinion.
Jardeleza, J., no part, prior OSG action.
Endnotes:
1 See Ariana Lindermayer, What the Right Hand Gives: Prohibitive Interpretations of the State Constitutional Right to Bail, Fordham Law Review, Vol. 78, Issue 1 (2009), pp. 307-309.
2Rollo, pp. 79-88; penned by Associate Justice Amparo M. Cabotaje-Tang, and concurred in by Associate Justice Samuel R. Martires and Associate Justice Alex L. Quiroz.
3 Id. at 89-102.
4 Id. at 107-108.
5 Id. at 103-157.
6 Id. at 163-192.
7 Id. at 193-221.
8 Id. at 222-241.
9 Id. at 241.
10 Id. at 242-243.
11 Id. at 244-247.
12 Id. at 249-256.
13 Id. at 13.
14 Id. at 84-88.
15 Id. at 89-102.
16 Id. at 16-19.
17 Id. at 526-542.
18 Section 14, (2), Article III of the 1987 Constitution.
19Government of the United States of America v. Purganan, G.R. No. 148571, September 24, 2002, 389 SCRA 623 where the Court said that the constitutional right to bail flows from the presumption of innocence in favor of every accused who should not be subjected to the loss of freedom as thereafter he would be entitled to acquittal, unless his guilt be proved beyond reasonable doubt; see also Shima Baradaran, Restoring the Presumption of Innocence, Ohio State Law Journal, Vol. 72 (2011), p. 728.
20 Baradaran, supra note 19, at 736.
21 Id. at 731.
22Yap, Jr. v. Court of Appeals, G.R. No. 141529, June 6, 2001, 358 SCRA 564, 572.
23Leviste v. Court of Appeals, G.R. No. 189122, March 17, 2010, 615 SCRA 619, 628.
24 As amended by A.M. No. 00-5-03-SC, December 1, 2000.
25 Section 6, Rule 114 of the Rules of Court.
26Government of the United States of America v. Purganan, supra note 19, at 693.
27 Id.
28 Section 4, Rule 114 of the Rules of Court provides:
Section 4. Bail, a matter of right; exception.—All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognizance as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment.
29 Section 5, Paragraph 1, Rule 114 of the Rules of Court.
30 A.M. No. RTJ-94-1183, February 6, 1995, 241 SCRA 84, 88.
31Gacal v. Infante, A.M. No. RTJ- 04-1845 (Formerly A.M. No. I.P.I. No. 03-1831-RTJ), October 5, 2011, 658 SCRA 535, 536.
32 A.M. No. RTJ-93-1052, October 27, 1994, 237 SCRA 778, 789-790.
33Cortes v. Catral, A.M. No. RTJ-97-1387, September 10, 1997, 279 SCRA 1, 11.
34 Id. at 18.
35Rollo, pp. 252-253.
36 Id. at 260.
37 Worthy to mention at this juncture is that the Court En Banc, in People v. Genosa (G.R. No. 135981, January 15, 2004, 419 SCRA 537), a criminal prosecution for parricide in which the penalty is reclusion perpetua to death under Article 246 of the Revised Penal Code, appreciated the concurrence of two mitigating circumstances and no aggravating circumstance as a privileged mitigating circumstance, and consequently lowered the penalty imposed on the accused to reclusion temporal in its medium period.
38Government of Hong Kong Special Administrative Region v. Olalia, Jr., G.R. No. 153675, April 19, 2007, 521 SCRA 470, 482 (bold underscoring supplied for emphasis).
39Rodriguez v. Presiding Judge, RTC, Manila, Br. 17, G.R. No.157977, February 27, 2006, 483 SCRA 290, 298.
40Rollo, pp. 559, 571-576.
41 Id. at 339-340 (TSN of July 14, 2014).
42 Id. at 373-374 (bold underscoring supplied for emphasis).
43 Id. at 334-335, 374-375.
44 Id. at 244-247.
45 Id. at 485-488 (TSN of September 4, 2014).
46 77 Phil. 461 (October 2, 1946), in which the pending criminal case against the petitioner was for treason.
47 Id. at 462.
48 Id. at 465-466.
49Bravo, Jr. v. Borja, No. L-65228, February 18, 1985, 134 SCRA 466, where the Court observed:
To allow bail on the basis of the penalty to be actually imposed would require a consideration not only of the evidence of the commission of the crime but also evidence of the aggravating and mitigating circumstances. There would then be a need for a complete trial, after which the judge would be just about ready to render a decision in the case. As perceptively observed by the Solicitor General, such procedure would defeat the purpose of bail, which is to entitle the accused to provisional liberty pending trial.
50Republic v. Sandiganbayan (Second Division), G.R. No. 129406, March 6, 2006, 484 SCRA 119, 127; Litton Mills, Inc. v. Galleon Trader, Inc., G.R. No. L-40867, July 26, 1988, 163 SCRA 489, 494.
51Angara v. Fedman Development Corporation, G.R. No. 156822, October 18, 2004, 440 SCRA 467, 478; Duero v. Court of Appeals, G.R. No. 131282, January 4, 2002, 373 SCRA 11, 17.
All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. - Const., art. III, sec. 13
The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread. –The Red Lily, Chapter 7 (1894) by Anatole France, French novelist (1844-1924)
LEONEN, J.:
SEC. 2. Definition of the Crime of Plunder, Penalties. - Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described in Section 1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death[.] (Emphasis supplied)On June 10, 2014, Enrile filed an Omnibus Motion before the Sandiganbayan, praying that he be allowed to post bail if the Sandiganbayan should find probable cause against him.3 On July 3, 2014, the Sandiganbayan denied the Omnibus Motion on the ground of prematurity since no warrant of arrest had been issued at that time. In the same Resolution, the Sandiganbayan ordered Enrile’s arrest.4
WHEREFORE, accused Enrile prays that the Honorable Court allow Enrile to post bail, and forthwith set the amount of bail pending determination that (a) evidence of guilt is strong; (b) uncontroverted mitigating circumstances of at least 70 years old and voluntary surrender will not lower the imposable penalty to reclusion temporal; and (c) Enrile is a flight risk [sic].8cralawlawlibraryThe Office of the Ombudsman filed its Opposition to the Motion to Fix Bail9 dated July 9, 2014. Enrile filed a Reply10 dated July 11, 2014.
WHEREFORE, accused Enrile prays that the Honorable Court temporarily place him under hospital confinement at the PNP General Hospital at Camp Crame, Quezon City, with continuing authority given to the hospital head or administrator to exercise his professional medical judgment or discretion to allow Enrile's immediate access of, or temporary visit to, another medical facility outside of Camp Crame, in case of emergency or necessity, secured with appropriate guards, but after completion of the appropriate medical treatment or procedure, he be returned forthwith to the PNP General Hospital.15cralawlawlibraryAfter the prosecution’s submission of its Opposition to the Motion for Detention at the PNP General Hospital, the Sandiganbayan held a hearing on July 9, 2014 to resolve this Motion.
[I]t is only after the prosecution shall have presented its evidence and the Court shall have made a determination that the evidence of guilt is not strong against accused Enrile can he demand bail as a matter of right. Then and only then will the Court be duty-bound to fix the amount of his bail.Enrile filed a Motion for Reconsideration,20 reiterating that there were mitigating and extenuating circumstances that would modify the imposable penalty and that his frail health proved that he was not a flight risk.21 The Sandiganbayan, however, denied the Motion on August 8, 2014.22 Hence, this Petition for Certiorari was filed.
To be sure, no such determination has been made by the Court. In fact, accused Enrile has not filed an application for bail. Necessarily, no bail hearing can even commence. It is thus exceedingly premature for accused Enrile to ask the Court to fix his bail.19cralawlawlibrary
The doctrine on bail is so canonical that it is clearly provided in our Rules of Court. The grant of bail is ordinarily understood as two different concepts: (1) bail as a matter of right and (2) bail as a matter of discretion. Thus, Sections 4 and 5 of Rule 114 provide:Article III
Bill of Rights
. . . .
SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
SEC. 4. Bail, a matter of right; exception. – All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognizance as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment.Then in Section 7 of Rule 114:
SEC. 5. 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.
SEC. 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable. – No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the criminal prosecution. (Emphasis supplied)The mandatory bail hearing is only to determine the amount of bail when it is a matter of right. On the other hand, mandatory bail hearings are held when an accused is charged with a crime punishable by reclusion perpetua or life imprisonment, not only to fix the amount of bail but fundamentally to determine whether the evidence of guilt is strong.
(1) In capital cases like the present, when the prosecutor does not oppose the petition for release on bail, the court should, as a general rule, in the proper exercise of its discretion, grant the release after the approval of the bail which it should fix for the purpose;The ruling in Herras Teehankee was applied in Ocampo v. Bernabe:29
(2) But if the court has reasons to believe that the special prosecutor’s attitude is not justified, it may ask him questions to ascertain the strength of the state’s evidence or to judge the adequacy of the amount of bail;
(3) When, however, the special prosecutor refuses to answer any particular question on the ground that the answer may involve a disclosure imperiling the success of the prosecution or jeopardizing the public interest, the court may not compel him to do so, if and when he exhibits a statement to that effect of the Solicitor General, who, as head of the Office of Special Prosecutors, is vested with the direction and control of the prosecution, and may not, even at the trial, be ordered by the court to present evidence which he does not want to introduce—provided, of course, that such refusal shall not prejudice the rights of the defendant or detainee.28cralawlawlibrary
We have held in Herras Teehankee vs. Director of Prisons, that all persons shall before conviction be bailable except when the charge is a capital offense and the evidence of guilt is strong. The general rule, therefore, is that all persons, whether charged or not yet charged, are, before their conviction, entitled to provisional release on bail, the only exception being where the charge is a capital offense and the evidence of guilt is found to be strong. At the hearing of the application for bail, the burden of showing that the case falls within the exception is on the prosecution, according to Rule 110, section 7. The determination of whether or not the evidence of guilt is strong is, as stated in the Herras Teehankee case, a matter of judicial discretion. This discretion, by the very nature of things, may rightly be exercised only after the evidence is submitted to the court at the hearing. Since the discretion is directed to the weight of evidence and since evidence cannot properly be weighed if not duly exhibited or produced before the court, it is obvious that a proper exercise of judicial discretion requires that the evidence of guilt be submitted to the court, the petitioner having the right of cross-examination and to introduce his own evidence in rebuttal. Mere affidavits or recital of their contents are not sufficient since they are mere hearsay evidence, unless the petitioner fails to object thereto.30 (Emphasis supplied, citations omitted)Herras Teehankee was also applied in Feliciano v. Pasicolan, etc., et al.31 and Siazon v. Hon. Presiding Judge of the Circuit Criminal Court, etc., et al.32
The guidelines in Cortes fell on deaf ears as administrative cases continued to be filed against judges who failed to hold hearings in applications for bail.It is indeed surprising, not to say, alarming, that the Court should be besieged with a number of administrative cases filed against erring judges involving bail. After all, there is no dearth of jurisprudence on the basic principles involving bail. As a matter of fact, the Court itself, through its Philippine Judicial Academy, has been including lectures on the subject in the regular seminars conducted for judges. Be that as it may, we reiterate the following duties of the trial judge in case an application for bail is filed:With such succinct but clear rules now incorporated in the Rules of Court, trial judges are enjoined to study them well and be guided accordingly. Admittedly, judges cannot be held to account for an erroneous decision rendered in good faith, but this defense is much too frequently cited even if not applicable. A number of cases on bail having already been decided, this Court justifiably expects judges to discharge their duties assiduously. For a judge is called upon to exhibit more than just a cursory acquaintance with statutes and procedural rules; it is imperative that he be conversant with basic legal principles. Faith in the administration of justice can only be engendered if litigants are convinced that the members of the Bench cannot justly be charged with a deficiency in their grasp of legal principles.37cralawlawlibrary
“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.”
Even where there is no petition for bail in a case like Criminal Case No. 1138-03, a hearing should still be held. This hearing is separate and distinct from the initial hearing to determine the existence of probable cause, in which the trial judge ascertains whether or not there is sufficient ground to engender a well-founded belief that a crime has been committed and that the accused is probably guilty of the crime. The Prosecution must be given a chance to show the strength of its evidence; otherwise, a violation of due process occurs.In the present charge of plunder, petitioner now insists that this court justify that bail be granted without any hearing before the Sandiganbayan on whether the evidence of guilt is strong. During the hearing on petitioner’s Motion to Fix Bail, the prosecution argued that any grant of bail should be based only on their failure to establish the strength of the evidence against him.49 The prosecution had no opportunity to present rebuttal evidence based on the prematurity of the Motion.
. . . .
Being the trial judge, Judge Infante had to be aware of the precedents laid down by the Supreme Court regarding the bail hearing being mandatory and indispensable. He ought to have remembered, then, that it was only through such hearing that he could be put in a position to determine whether the evidence for the Prosecution was weak or strong. Hence, his dispensing with the hearing manifested a gross ignorance of the law and the rules.48cralawlawlibrary
WHEREFORE, petitioner Enrile respectfully prays that the Honorable Court:Petitioner Enrile prays for such other and further relief as may be just and equitable.52cralawlawlibrary
- ACT En Banc on the Petition for Certiorari;
- EXPEDITE the certiorari proceedings;
- SET the Petition for Certiorari for oral arguments; and
- after due proceedings, ANNUL, REVERSE, and SET ASIDE the Sandiganbayan’s Resolution dated July 14, 2014, and the Resolution dated August 8, 2014, and forthwith GRANT BAIL in favor of Enrile.
In my view, there are several new issues occasioned by the revisions in the proposed ponencia that need to be threshed out thoroughly so that the Sandiganbayan can be guided if and when an accused charged with offenses punishable with reclusion perpetua should be released on bail “for humanitarian reasons.”The points in my letter were raised during the deliberations of August 18, 2015. The member in charge, however, did not agree to wait for a more extensive written reflection on the points raised. Insisting on a vote, he thus declared that he was abandoning the August 14, 2015 circulated draft centering on release on bail on humanitarian grounds for his earlier version premised on the idea that bail was a matter of right based on judicial notice and the judicial declaration of the existence of two mitigating circumstances.
Among these are as follows:
First: Did the Sandiganbayan commit grave abuse of discretion amounting to lack of jurisdiction when it applied the text of the Constitution, the rules of court, and the present canonical interpretations of these legal texts?
Second: Are we taking judicial notice of the truth of the contents of the certification of a certain Dr. Gonzalez? Or are we suspending our rules on evidence, that is, doing away with cross examination and not appreciating rebutting evidence that may be or have been presented by the prosecution?
Third: Did the Sandiganbayan commit grave abuse of discretion in appreciating the facts relating to the medical condition of the accused? Or, are we substituting our judgment for theirs?
Fourth: What happens to the standing order of the Sandiganbayan which authorizes the accused to be brought to any hospital immediately if he exhibits symptoms which cannot be treated by the PNP hospital subject only to reportorial requirements to the court? Are we also declaring that the Sandiganbayan’s decisions in relation to their supervision of the detention of the accused were tainted with grave abuse of discretion?
Fifth: What, if any, is the legal basis for humanitarian releases on bail? Or, if we are able to hurdle the factual issues and find that there is actually a medical necessity, should his detention rather be modified? Do we have clear judicial precedents for hospital or house arrests for everyone?
Sixth: Without conceding, if the accused is released on bail so that his medical condition can be attended to, should he be returned to detention when he becomes well? If he reports for work, does this not nullify the very basis of the ponencia?
Seventh: What is the basis for P500,000.00 as bail? We have established rules on what to consider when setting the amount of bail. In relation to the accused and his circumstances, what is our basis for setting this amount? What evidence have we considered? Should this Court rather than the Sandiganbayan exercise this discretion?
Eighth: What are our specific bases for saying that the medical condition of the accused entitles him to treatment different from all those who are now under detention and undergoing trial for plunder? Is it simply his advanced age? What qualifies for advanced age? Is it the medical conditions that come with advanced age? Would this apply to all those who have similar conditions and are also undergoing trial for plunder? Is he suffering from a unique debilitating disease which cannot be accommodated by the best care provided by our detention facilities or hospital or house arrest? Are there sufficient evidence and rules to support our conclusion?
Ninth: Are there more specific and binding international law provisions, other than the Universal Declaration of Human Rights, which specifically compel the release of an accused in his condition? Or, are we now reading the general tenor of the declaration of human rights to apply specifically to the condition of this accused? What entitles the accused in this case to a liberal application of very general statements on human rights?54cralawlawlibrary
Yet, we do not now determine the question of whether or not Enrile’s averment on the presence of the two mitigating circumstances could entitle him to bail despite the crime alleged against him being punishable with reclusion perpetua, simply because the determination, being primarily factual in context, is ideally to be made by the trial court.55 (Citation omitted)Ordinarily, the drafts of the dissents would have been available to all members of the court at the time that the case was voted upon. But because the final version for signing was not the version voted upon, this member had to substantially revise his dissent. Since the issue of mitigating circumstances and bail as a matter of right was no longer the basis of the ponencia, Associate Justice Estela Perlas-Bernabe decided to graciously offer her points for the drafting of a single Dissenting Opinion and to abandon her filing of a Separate Opinion and joining this member.
SEC. 7. Dissenting, separate or concurring opinion. - A Member who disagrees with the majority opinion, its conclusions, and the disposition of the case may submit to the Chief Justice or Division Chairperson a dissenting opinion, setting forth the reason or reasons for such dissent. A Member who agrees with the result of the case, but based on different reason or reasons may submit a separate opinion; a concurrence “in the result” should state the reason for the qualified concurrence. A Member who agrees with the main opinion, but opts to express other reasons for concurrence may submit a concurring opinion. The dissenting, separate, or concurring opinion must be submitted within one week from the date the writer of the majority opinion presents the decision for the signature of the Members. (Emphasis supplied)But this member endeavored to complete his draft incorporating the ideas and suggestions of other dissenting justices within two days from the circulation of the majority opinion.
SEC. 2. Judicial notice, when discretionary. – A court may take judicial notice of matters which are of public knowledge, or are capable of unquestionable demonstration, or ought to be known to judges because of their judicial functions.In State Prosecutors v. Muro:58
Generally speaking, matters of judicial notice have three material requisites: (1) the matter must be one of common and general knowledge; (2) it must be well and authoritatively settled and not doubtful or uncertain; and (3) it must be known to be within the limits of the jurisdiction of the court. The principal guide in determining what facts may be assumed to be judicially known is that of notoriety. Hence, it can be said that judicial notice is limited to facts evidenced by public records and facts of general notoriety.59cralawlawlibraryPetitioner’s medical ailments are not matters that are of public knowledge or are capable of unquestionable demonstration. His illness is not a matter of general notoriety.
Bail for the provisional liberty of the accused, regardless of the crime charged, should be allowed independently of the merits of the charge, provided his continued incarceration is clearly shown to be injurious to his health or to endanger his life. Indeed, denying him bail despite imperiling his health and life would not serve the true objective of preventive incarceration during trial.60 (Emphasis in the original)To see the logical fallacy of the argument we break it down to its premises:
Pending receipt of [Dr. Jose C. Gonzales’s report], the Court will hold in abeyance action on accused Enrile’s motion for detention at the PNP General Hospital. However, he is allowed to remain thereat until further orders from this Court. The Director or Administrator of PNP General Hospital is GRANTED AUTHORITY to allow accused Enrile to access another medical facility outside Camp Crame only (1) in case of emergency or necessity, and (2) the medical procedure required to be administered on accused Enrile is not available at, or cannot be provided for by the physicians of, the PNP General Hospital, ALL AT THE PERSONAL EXPENSE OF ACCUSED ENRILE. After completion of the medical treatment or procedure outside Camp Crame, accused Enrile shall be returned forthwith to the PNP General Hospital. The said director or administrator is DIRECTED to submit a report to the Court on such visit/s of accused Enrile to another medical facility on the day following the said visit/s.66 (Emphasis in the original)The Resolution dated July 15, 2014 states:
WHEREFORE, premises considered, Dr. Jose C. Gonzales, and/or any his duly authorized representative/s from the Philippine General Hospital, is DIRECTED to continue with the medical examination of accused Juan Ponce Enrile and to submit a report and recommendation to the Court within thirty (30) days from receipt hereof. The necessary medical examination/s and/or procedure/s as determined the said doctor/s shall be undertaken at PGH or any government hospital, which the medical team may deem to have the appropriate, suitable and/or modern equipment or medical apparatus and competent personnel to undertake the procedure/s, ALL AT THE PERSONAL EXPENSE OF ACCUSED JUAN PONCE ENRILE. Pending the completion of the aforesaid medical examination/s and/or procedure/s and submission of the required report and recommendation, accused Juan Ponce Enrile is allowed to remain at the Philippine National Police General Hospital subject to conditions earlier imposed by the Court in its Resolution dated July 9, 2014.These are standing orders of the Sandiganbayan that authorize accused to be brought to any hospital immediately if he exhibits symptoms that cannot be treated at the Philippine National Police General Hospital subject only to reportorial requirements to the court. In granting bail to petitioner, we are, in effect, declaring that the Sandiganbayan’s decisions in relation to its supervision of the accused’s detention were tainted with grave abuse of discretion.
SO ORDERED.67cralawlawlibrary
Bail is not a sick pass for an ailing or aged detainee or prisoner needing medical care outside the prison facility. A mere claim of illness is not a ground for bail. It may be that the trend now is for courts to permit bail for prisoners who are seriously sick. There may also be an existing proposition for the “selective decarceration of older prisoners” based on findings that recidivism rates decrease as age increases.69cralawlawlibrary
It is relevant to observe that granting provisional liberty to Enrile will then enable him to have his medical condition be properly addressed and better attended to by competent physicians in the hospitals of his choice. This will not only aid in his adequate preparation of his defense but, more importantly, will guarantee his appearance in court for the trial.70cralawlawlibraryBefore the ink used to write and print the majority opinion and this dissent has dried, friends, family, and colleagues of petitioner already strongly predict that he would report immediately for work. This strongly indicates that the majority’s inference as to the existence of very serious debilitating illnesses may have been too speculative or premature.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.In any case, even this court in Government of Hong Kong was wary to grant bail without evidence presented that the accused was not a flight risk. For this reason, it remanded the case to the trial court76 instead of applying the provisions of the Universal Declaration of Human Rights and categorically stating that based on these principles alone, the accused was entitled to bail.
(1) Parricide;77Under special laws, the following crimes, among others, carry the maximum penalty of life imprisonment or reclusion perpetua:
(2) Murder;78
(3) Kidnapping and serious illegal detention;79
(4) Robbery with homicide;80
(5) Robbery with rape;81
(6) Robbery with serious physical injuries;82
(7) Attempted or frustrated robbery with homicide;83
(8) Rape;84
(9) Rape of children under 12 years old;85
(10) Sexual assault;86 and
(11) Incestuous rape.87cralawlawlibrary
(1) Carnapping with homicide or rape;88If we are to take judicial notice of anything, then it should be that there are those accused of murder, trafficking, sale of dangerous drugs, incestuous rape, rape of minors, multiple counts of rape, or even serious illegal detention who languish in overcrowded detention facilities all over our country. We know this because the members of this court encounter them through cases appealed on a daily basis. Many of them suffer from diseases that they may have contracted because of the conditions of their jails. But they and their families cannot afford hospitals better than what government can provide them. After all, they remain in jail because they may not have the resources to launch a full-scale legal offensive marked with the creativity of well-networked defense counsel. After all, they may have committed acts driven by the twin evils of greed or lust on one hand and poverty on the other hand.
(2) Sale of illegal drugs regardless of quantity and purity;89
(3) Illegal possession of 10 grams or more of heroin, 10 grams or more of cocaine, 50 grams or more of shabu, 500 grams or more of marijuana, or 10 grams or more of ecstasy;90
(4) Illegal possession of 10 grams to less than 50 grams of shabu;91
(5) Illegal possession of 5 grams to less than 10 grams of heroin, cocaine, shabu, or ecstasy;92
(6) Child prostitution;93
(7) Child trafficking;94
(8) Forcing a street child or any child to beg or to use begging as a means of living;95
(9) Forcing a street child or any child to be a conduit in drug trafficking or pushing;96
(10) Forcing a street child or any child to commit any illegal activities;97 and
(11) Murder, homicide, other intentional mutilation, and serious physical injuries of a child under 12 years old.98cralawlawlibrary
Endnotes:
1 Petition for Certiorari, Annex I.
2 An Act Defining and Penalizing the Crime of Plunder, as amended by Rep. Act No. 7659 (1993).
3 Ponencia, p. 2.
4 Id.
5 Id.
6 Petition for Certiorari, Annex I, pp. 4–5.
7 Id. at 5.
8 Id. at 6–7.
9 Petition for Certiorari, Annex J.
10 Petition for Certiorari, Annex K.
11 Petition for Certiorari, Annex H.
12 Id. at 2.
13 Id.
14 Id.
15 Id. at 3.
16 Petition for Certiorari, Annex O, p. 5.
17 Petition for Certiorari, Annex A.
18 Id. at 6 and 10.
19 Id. at 6.
20 Petition for Certiorari, Annex L.
21 Id. at 3–5.
22 Petition for Certiorari, Annex B, p. 14.
23See Fiscal Gimenez v. Judge Nazareno, 243 Phil. 274, 278 (1988) [Per J. Gancayco, En Banc].
24See REV. RULES OF CRIM. PROC., Rule 114, sec. 3.
25 75 Phil. 634 (1945) [Per J. Hilado, En Banc].
26 Id. at 644.
27 Id.
28Herras Teehankee v. Director of Prisons, 76 Phil. 756, 774 (1946) [Per J. Hilado, En Banc].
29 77 Phil. 55 (1946) [Per C.J. Moran, En Banc].
30 Id. at 58.
31 112 Phil. 781, 782–783 (1961) [Per J. Natividad, En Banc].
32 149 Phil. 241, 247 (1971) [Per J. Makalintal, En Banc].
33 336 Phil. 214 (1997) [Per J. Romero, Second Division].
34 Id. at 221–227, citing People v. Mayor Sola, et al., 191 Phil. 21 (1981) [Per C.J. Fernando, En Banc], People v. Hon. San Diego, etc., et al., 135 Phil. 514 (1968) [Per J. Capistrano, En Banc], People v. Judge Dacudao, 252 Phil. 507 (1989) [Per J. Gutierrez, Jr., Third Division], People v. Calo, Jr., 264 Phil. 1007 (1990) [Per J. Bidin, En Banc], Libarios v. Dabalos, A.M. No. RTJ-89-286, July 11, 1991, 199 SCRA 48 [Per J. Padilla, En Banc], People v. Nano, G.R. No. 94639, January 13, 1992, 205 SCRA 155 [Per J. Bidin, Third Division], Pico v. Combong, Jr., A.M. No. RTJ-91-764, November 6, 1992, 215 SCRA 421 [Per Curiam, En Banc], De Guia v. Maglalang, A.M. No. RTJ-89-306, March 1, 1993, 219 SCRA 153 [Per Curiam, En Banc], Borinaga v. Tamin, A.M. No. RTJ-93-936, September 10, 1993, 226 SCRA 206, 216 [Per J. Regalado, En Banc], Aurillo, Jr. v. Francisco, A.M. No. RTJ-93-1097, August 12, 1994, 235 SCRA 283 [Per J. Padilla, En Banc], Estoya v. Abraham-Singson, A.M. No. RTJ-91-758, September 26, 1994, 237 SCRA 1 [Per Curiam, En Banc], Aguirre v. Belmonte, A.M. No. RTJ-93-1052, October 27, 1994, 237 SCRA 778 [Per J. Regalado, En Banc], Lardizabal v. Reyes, A.M No. MTJ-94-897, December 5, 1994, 238 SCRA 640 [Per J. Padilla, En Banc], Guillermo v. Judge Reyes, Jr., etc., 310 Phil. 176 (1995) [Per J. Regalado, Second Division], Santos v. Judge Ofilada, 315 Phil. 11 (1995) [Per J. Regalado, En Banc], Sule v. Biteng, 313 Phil. 398 (1995) [Per J. Davide, Jr., En Banc], and Buzon, Jr. v. Judge Velasco, 323 Phil. 724 (1996) [Per J. Panganiban, En Banc].
35 344 Phil. 415 (1997) [Per J. Romero, En Banc].
36 Id. at 430–431.
37 Id., citing Basco v. Judge Rapatalo, 336 Phil. 214, 237 (1997) [Per J. Romero, Second Division].
38 448 Phil. 45 (2003) [Per J. Ynares-Santiago, First Division].
39 Id. at 48.
40 Id. at 49–50.
41 Id. at 56–57.
42 Id. at 56.
43 389 Phil. 372 (2000) [Per J. Ynares-Santiago, First Division].
44 Id. at 375 and 388.
45 486 Phil. 605 (2004) [Per J. Sandoval-Gutierrez, Third Division].
46 Id. at 611 and 618.
47 674 Phil. 324 (2011) [Per J. Bersamin, First Division].
48 Id. at 340–341, citing Directo v. Judge Bautista, 400 Phil. 1, 5 (2000) [Per J. Melo, Third Division] and Marzan-Gelacio v. Judge Flores, 389 Phil. 372, 381 (2000) [Per J. Ynares-Santiago, First Division].
49 Petition for Certiorari, Annex A, p. 2.
50People v. Sandiganbayan, 490 Phil. 105, 116 (2005) [Per J. Chico-Nazario, Second Division], citing People v. Court of Appeals, G.R. No. 144332, June 10, 2004, 431 SCRA 610, 616 [Per J. Callejo, Sr., Second Division], Rodson Philippines, Inc. v. Court of Appeals, G.R. No. 141857, June 9, 2004, 431 SCRA 469, 480 [Per J. Callejo, Sr., Second Division], Matugas v. Commission on Elections, 465 Phil. 299, 313 (2004) [Per J. Tinga, En Banc], Tomas Claudio Memorial College, Inc. v. Court of Appeals, 467 Phil. 541, 553 (2004) [Per J. Callejo, Sr., Second Division], and Condo Suite Club Travel, Inc. v. National Labor Relations Commission, 380 Phil. 660, 667 (2000) [Per J. Quisumbing, Second Division].
51 Petition for Certiorari, pp. 9–12.
52 Id. at 64.
53 219 Phil. 432 (1985) [Per J. Plana, First Division].
54 J. Leonen, Letter to Colleagues dated August 18, 2015.
55 Ponencia, p. 10.
56 The enumeration of diseases on page 12 of the ponencia is based on the certification of Dr. Gonzales. There was a hearing but for the purpose of determining whether hospital arrest can continue. The hearing was not for the purpose of determining whether bail should be granted on the basis of his medical condition.
57Rollo, p. 373.
58 A.M. No. RTJ-92-876, September 19, 1994, 236 SCRA 505 [Per Curiam, En Banc].
59 Id. at 521–522, citing 20 Am. Jur., Evidence, Sec. 17, 48, King v. Gallun, et al., 109 U.S. 99, 27 L. ed. 870, and 31 C.J.S., Evidence, Secs. 6–7, 823.
60 Ponencia, p. 14.
61Re: Guidelines on the Jail Visitation and Inspection. New guidelines are stated in OCA Circular No. 107-2013.
62 A.M. No. 07-3-02-SC (2008), sec. 1(3).
63De la Rama v. People’s Court, 77 Phil. 461, 465 (1946) [Per J. Feria, En Banc].
64 Petition for Certiorari, Annex O.
65 Petition for Certiorari, Annex P.
66 Petition for Certiorari, Annex O, p. 5.
67 Petition for Certiorari, Annex P, pp. 2–3.
68 536 Phil. 413 (2006) [Per J. Austria-Martinez, First Division].
69 Id. at 428, citing Release of Accused by Judge Muro in Non-Bailable Offense, 419 Phil. 567, 581 (2001) [Per Curiam, En Banc], People v. Judge Gako, Jr., 401 Phil. 514, 541 (2000) [Per J. Gonzaga-Reyes, Third Division], Ernesto Pineda, THE REVISED RULES ON CRIMINAL PROCEDURE 193 (2003) which in turn cited De la Rama v. People’s Court, 77 Phil. 461, 465 (1946) [Per J. Feria, En Banc], Archer’s case, 6 Gratt 705, Ex parte Smith, 2 Okla. Crim. Rep. 24, 99 Pfc. 893, and Max Rothman, Burton Dunlop, and Pamela Entzel, ELDERS, CRIME AND THE CRIMINAL JUSTICE SYSTEM 233–234 (2000).
70 Ponencia, p. 15.
71See REV. RULES OF CRIM. PROC., Rule 114, sec. 9, which states:
SEC. 9. Amount of bail; guidelines. – The judge who issued the warrant or granted the application shall fix a reasonable amount of bail considering primarily, but not limited to, the following factors:
(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that the accused was a fugitive from justice when arrested; and
(j) Pendency of other cases where the accused is on bail.
Excessive bail shall not be required.
72 In Republic v. Sandiganbayan, 454 Phil. 504, 545 (2003) [Per J. Carpio, En Banc], this court stated: “Although the signatories to the Declaration did not intend it as a legally binding document, being only a declaration, the Court has interpreted the Declaration as part of the generally accepted principles of international law and binding on the State.”
73 Universal Declaration of Human Rights, art. 1 states that “[a]ll human beings are born free and equal in dignity and rights.”
74 550 Phil. 63, 72 (2007) [Per J. Sandoval-Gutierrez, En Banc].
75 Ponencia, pp. 10–11.
76See Government of Hong Kong Special Administrative Region v. Hon. Olalia, Jr., 550 Phil. 63, 77 (2007) [Per J. Sandoval-Gutierrez, En Banc]. The dispositive portion reads: “WHEREFORE, we DISMISS the petition. This case is REMANDED to the trial court to determine whether private respondent is entitled to bail on the basis of ‘clear and convincing evidence.’ If not, the trial court should order the cancellation of his bail bond and his immediate detention; and thereafter, conduct the extradition proceedings with dispatch.”
77 REV. PEN. CODE, art. 246.
78 REV. PEN. CODE, art. 248, as amended by Rep. Act No. 7659 (1993), sec. 6, and Rep. Act No. 9346 (2006), sec. 1.
79 REV. PEN. CODE, art. 267, as amended by Rep. Act No. 7659 (1993), sec. 8, and Rep. Act No. 9346 (2006), sec. 1.
80 REV. PEN. CODE, art. 294(1), as amended by Rep. Act No. 7659 (1993), sec. 9.
81 REV. PEN. CODE, art. 294(1), as amended by Rep. Act No. 7659 (1993), sec. 9.
82 REV. PEN. CODE, art. 294(2), as amended by Rep. Act No. 7659 (1993), sec. 9.
83 REV. PEN. CODE, art. 297.
84 REV. PEN. CODE, art. 266-A, as amended by Rep. Act No. 8353 (1997), sec. 2.
85 REV. PEN. CODE, art. 266-A(1)(d), as amended by Rep. Act No. 8353 (1997), sec. 2.
86 REV. PEN. CODE, art. 266-A(2), as amended by Rep. Act No. 8353 (1997), sec. 2.
87 REV. PEN. CODE, art. 266-B(1), as amended by Rep. Act No. 8353 (1997), sec. 2.
88 Rep. Act No. 6539 (1972), sec. 14, as amended by Rep. Act No. 7659 (1993), sec. 20 and Rep. Act No. 9346 (2006), sec. 1.
89 Rep. Act No. 9165 (2002), sec. 5.
90 Rep. Act No. 9165 (2002), sec. 11, 1st par. (3)(4)(5)(7)(8).
91 Rep. Act No. 9165 (2002), sec. 11, 2nd par. (1).
92 Rep. Act No. 9165 (2002), sec. 11, 2nd par. (2).
93 Rep. Act No. 7610 (1992), sec. 5.
94 Rep. Act No. 7610 (1992), sec. 7.
95 Rep. Act No. 7610 (1992), sec. 10(e)(1)
96 Rep. Act No. 7610 (1992), sec. 10(e)(2).
97 Rep. Act No. 7610 (1992), sec. 10(e)(3).
98 Rep. Act No. 7610 (1992), sec. 10.cralawred