Tuesday, December 5, 2017

Ruling: JUAN PONCE ENRILE vs. SANDIGANBAYAN G.R. No. 213847, August 18, 2015

JUAN PONCE ENRILE vs. SANDIGANBAYAN
G.R. No. 213847, August 18, 2015
BERSAMIN, J.:

DISCUSSION:
1. Bail protects the right of the accused to due process and to be presumed innocent
{  In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved. The presumption of innocence is rooted in the guarantee of due process, and is safeguarded by the constitutional right to be released on bail, and further binds the court to wait until after trial to impose any punishment on the accused.
{  It is worthy to note that bail is not granted to prevent the accused from committing additional crimes. The purpose of bail is to guarantee the appearance of the accused at the trial, or whenever so required by the trial court.
{  The amount of bail should be high enough to assure the presence of the accused when so required, but it should be no higher than is reasonably calculated to fulfill this purpose.
{  Thus, bail acts as a reconciling mechanism to accommodate both the accused’s interest in his provisional liberty before or during the trial, and the society’s interest in assuring the accused’s presence at trial.
{   

2. Bail may be granted as a matter of right or of discretion
i)       To all persons before conviction
The right to bail is expressly afforded by Section 13, Article III (Bill of Rights) of the Constitution, viz.:
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.

GR: The general rule is, therefore, that any person, before being convicted of any criminal offense, shall be bailable,
Ø  from the moment he is placed under arrest, or is detained or restrained by the officers of the law, he can claim the guarantee of his provisional liberty under the Bill of Rights, and he retains his right to bail

E: unless
i)        he is charged with a capital offense, or
ii)      with an offense punishable with reclusion perpetua or life imprisonment, and the evidence of his guilt is strong. Once it has been established that the evidence of guilt is strong, no right to bail shall be recognized.27

As a result, all criminal cases
1.       within the competence of the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court are bailable as matter of right because these courts have no jurisdiction to try capital offenses, or offenses punishable with reclusion perpetua or life imprisonment.
2.       Likewise, bail is a matter of right
i)        prior to conviction by the RTC for any offense, not punishable by death, reclusion perpetua, or life imprisonment, or
ii)      even prior to conviction for an offense punishable by death, reclusion perpetua, or life imprisonment when evidence of guilt is not strong.


BAIL; DISCRETIONARY:
On the other hand, the granting of bail is discretionary:
1)       upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment; or

2)      if the RTC has imposed a penalty of imprisonment exceeding six years, provided none of the circumstances enumerated under paragraph 3 of Section 5, Rule 114 is present, as follows:
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)      Flight risk: 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.


3. Admission to bail in offenses punished by death, or life imprisonment, or reclusion is subject to judicial discretion
For purposes of admission to bail, the determination of whether or not evidence of guilt is strong IN CRIMINAL CASES involving capital offenses, or offenses punishable with reclusion perpetua or life imprisonment lies within the discretion of the trial court. But, as the Court has held in Concerned Citizens v. Elma , "such discretion may be exercised only after the hearing called to ascertain the degree of guilt of the accused for the purpose of whether or not he should be granted provisional liberty." It is axiomatic, therefore, that bail cannot be allowed when its grant is a matter of discretion on the part of the trial court unless there has been a hearing with notice to the Prosecution. The indispensability of the hearing with notice has been aptly explained in Aguirre v. Belmonte, viz:
xxx a hearing is mandatory before bail can be granted to an accused who is charged with a capital offense, in this wise: 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.

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  (FREN-BP)
ü  nature and circumstances of the crime,
ü  character and reputation of the accused,
ü  the weight of the evidence against him,
ü  the probability of the accused appearing at the trial,
ü  whether or not the accused is a fugitive from justice, and
ü  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.

Summary Hearing
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:
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.

Guidelines In 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, to wit:
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.

RULING:
Enrile’s poor health justifies his admission to bail

We first note that Enrile has averred in his Motion to Fix Bail the presence of two mitigating circumstances that should be appreciated in his favor, namely:
i)        that he was already over 70 years at the time of the alleged commission of the offense, and
ii)      that he voluntarily surrendered.

Enrile’s averment has been mainly uncontested by the Prosecution, whose Opposition to the Motion to Fix Bail has only argued that –
8. 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 favour.

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, simply because the determination, being primarily factual in context, is ideally to be made by the trial court.

Nonetheless, in now granting Enrile’s petition for certiorari, the Court is guided by the earlier mentioned principal purpose of bail, which is to guarantee the appearance of the accused at the trial, or whenever so required by the court. The Court is further mindful of the Philippines’ responsibility in the international community arising from the national commitment under the Universal Declaration of Human Rights to:
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.

This 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.

Factors
{  Social and Political Standing: In our view, his social and political standing and his having immediately surrendered to the authorities upon his being charged in court indicate that the risk of his flight or escape from this jurisdiction is highly unlikely. His personal disposition from the onset of his indictment for plunder, formal or otherwise, has demonstrated his utter respect for the legal processes of this country.
{  Previously granted bail: We also do not ignore that at an earlier time many years ago when he had been charged with rebellion with murder and multiple frustrated murder, he already evinced a similar personal disposition of respect for the legal processes, and was granted bail during the pendency of his trial because he was not seen as a flight risk.
{  Public service: With his solid reputation in both his public and his private lives, his long years of public service, and history’s judgment of him being at stake, he should be granted bail.
{  Medical Condition: Enrile was also suffering from different medical conditions which could pose significant risks to the life of Enrile. There is no question at all that Enrile’s advanced age and ill health required special medical attention. 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.  



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