G.R. No.

213847 | August 18, 2015

ENRILE vs. SANDIGANBAYAN
BERSAMIN, J.:
Mode of Appeal/Review to the SC: A Petition for Review on Certiorari

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.

ISSUES:
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.
b. Whether or not prosecution failed to show that petitioner's guilt is strong.
2. WHETHER OR NOT PETITIONER IS BAILABLE BECAUSE HE IS NOT A FLIGHT RISK.

RULLING:
Contention: Petitioners insist that the "complaints do not provide any evidence/s that would tend to
establish and to show that the medical attendance rendered on private complainants actually and in
fact lasted for a period exceeding ten (10) days;"
Doctrine: The petitioners’ insistence is utterly bereft of merit

HELD:

1. 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.
Bail as a matter of discretion Right to bail is afforded in Sec. 13, Art III of the 1987 Constitution
and repeted in Sec. 7, Rule 114 of the Rules of Criminal Procedure to wit: Capital offense of 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.
The general rule: Any person, before conviction of any criminal offense, shall be bailable.
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.

2. YES. Petitioner's poor health justifies his admission to bail The Supreme Court took note of the
Philippine's responsibility to the international community arising from its commitment to the Universal
Declaration of Human Rights. We therefore have the responsibility of protecting and promoting the
right of every person to liberty and due process and for detainees to avail of such remedies which
safeguard their fundamental right to liberty.

Application of Doctrines: Primary objective of bail – 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.
Bail is a right and a matter of discretion – Right to bail is afforded in Sec. 13, Art III of the 1987
Constitution and repeted in Sec. 7, Rule 114 of the Rules of Criminal Procedure to wit: “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.