PEOPLE VS. SANDIGANBAYAN (G.R. No. 158754.

August 10, 2007)

Topic: Place Where Criminal Actions is to be Instituted

Doctrine: The general rule in determining the venue of a criminal action, i.e. that the venue of a criminal action
is in the place of the commission of the crime or any element thereof, is subject to exceptions provided by law.

FACTS:
Jinggoy Estrada was charged with Plunder by the Ombudsman. He then petitioned for bail with the
Sandiganbayan which the latter granted after conducting a hearing. Petitioner appealed the grant of bail to
Jinnogy and argued that even if the evidence of guilt is weak, bail should be denied if the accused is a flight risk
and in this case, they suggest that Jinggoy is harboring a plan to escape.

HELD: YES, the grant of bail is proper.

To begin with, Section 13 of Article III (Bill of Rights) of the Constitution mandates:

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. xxx.

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 more than 4 years ago, Jinggoy does not, as determined by Sandiganbayan, seem to be a
flight risk.

The Court took note of the fact that Jinggoy has, in general, been consistently respectful of the Court and its
processes. He has not ominously shown, by word or by deed, that he is of such a flight risk that would
necessitate his continued incarceration.

In fact, the likelihood of escape on his part is now almost nil, given his election in 2004 as a Senator. The Court
takes stock of the fact that those who usually jump bail are shadowy characters mindless of their reputation in
the eyes of the people for as long as they can flee from the retribution of justice. On the other hand, those with a
reputation and a respectable name to protect and preserve are very unlikely to jump bail. The Court, to be sure,
cannot accept any suggestion that someone who has a popular mandate to serve as Senator is harboring any plan
to give up his Senate seat in exchange for becoming a fugitive from justice.