People V Sandiganbayan

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Article III, Section 12

Right to Bail

(1086) People v. Sandiganbayan


G.R. No. 158754 August 10, 2007
Garcia, J.

POINT OF THE CASE:


Even if the capital offense charged is bailable owing to the weakness of the evidence of guilt, the right to
bail may justifiably still be denied if the probability of escape is great.

FACTS:
as an offshoot of the impeachment proceedings against Joseph Ejercito Estrada, then President of the
Republic of the Philippines, five criminal complaints against the former President and members of his family,
his associates, friends and conspirators were filed with the Office of the Ombudsman. One of the
Informations was for the crime of plunder and among the respondents was herein petitioner Jose "Jinggoy"
Estrada, then mayor of San Juan, Metro Manila. The respondent court issued a warrant of arrest for Jinggoy
and his co-accused and were placed in custody of the law. Jinggoy filed with the Court an Urgent Motion
praying for early resolution of his Petition for Bail on Medical/Humanitarian Considerations. He reiterated
his earlier plea for bail filed with the Sandiganbayan. Jinggoy filed before the Sandiganbayan an Omnibus
Application for Bail against which the prosecution filed its comment and opposition. Bail hearings were then
conducted, followed by the submission by the parties of their respective memoranda. Petitioner suggests
that Jinggoy is harboring a plan to escape, thus a flight risk. But in a Resolution, the Sandiganbayan granted
Jinggoy’s Omnibus Application for Bail. Petitioner filed a Motion for Reconsideration but was denied.

ISSUE:
Whether or not he grant of bail in favor of Jinggoy is proper.

RULING:
Yes, Even if the capital offense charged is bailable owing to the weakness of the evidence of guilt, the right
to bail may justifiably still be denied if the probability of escape is great. Here, ever since the promulgation
of the assailed Resolutions a little more than four (4) years ago, Jinggoy does not, as determined by
Sandiganbayan, seem to be a flight risk.

The likelihood of escape on the part individual respondent is now almost nil, given his election on May 10,
2004, as Senator of the Republic of the Philippines. Revoking the bail thus granted to respondent Jinggoy,
as the petitioner urges, which necessarily implies that the evidence of his guilt is strong, would be
tantamount to pre-empting the Sandiganbayan's ongoing determination of the facts and merits of the
main case. In all, the Court rules that public respondent Sandiganbayan (Special Division) did not commit
grave abuse of discretion when, after conducting numerous bail hearings and evaluating the weight of the
prosecution's evidence, it determined that the evidence against individual respondent was not strong and,
on the basis of that determination, resolved to grant him bail.

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