Erap's Bail

Santiago defends plan on Estrada release

Veronica Uy Tetch Torres
INQ7.net

TALK of reconciliation between former president Joseph Estrada and incumbent Gloria Macapagal-Arroyo has legal basis and is not just politicking as alleged by Senator Joker Arroyo, Senator Miriam Defensor-Santiago said Monday.

She said that while capital offense was non-bailable, bail was "a matter of discretion on the part of the judge" in such cases.

Citing the Constitution, Supreme Court Administrative Circular No. 12-94 (1994), and the ruling in the 1995 case of Santos vs. Ofilada, Santiago said, "The ongoing reconciliation talks between him [Estada] and President Arroyo should be pursued because there is legal basis. The talks are not mere pretense, as alleged by others."

"Because president Estrada is charged with a capital offense, he is not entitled to bail as a matter of right. But he can still apply for bail, as a matter of discretion, and a hearing will be mandatory."

She reminded Senator Arroyo of a similar capital offense case where he served as defense lawyer of the late Lino Brocka and Behn Cervantes and she was judge.

"Among the defense lawyers [at that time] was Joker Arroyo. He is reported [now] to be claiming that bail can no longer be granted in a capital offense case, which seems to be a contradiction of the position he took before me, when I was RTC judge," she said.

Santiago said granting bail would balance the right of an accused person to provisional liberty and the duty of the state to protect our people against dangerous elements.

"If we apply this two-fold test to [former] president Estrada's case, my view is that release on bail will not render him a danger to society," she said.

"Further, because of his age, health, and status as former president, I do not believe that he will flee the country. I humbly opine that procedural due process should be followed, and after due hearing, if warranted, president Estrada should be admitted to bail," Santiago said.

Meanwhile, Justice Secretary Raul Gonzalez doubts whether the Sandiganbayan anti-graft court will allow Estrada to be released on recognizance.

Under the revised rules on criminal procedure, recognizance involves the release of an accused without bail to someone of high moral standing in the community.

"With the magnitude of his case, I doubt if it is within the ambit of recognizance," Gonzalez told reporters Monday.

The Sandiganbayan is set to resolve Estrada's motion for bail, which he filed last July 27, claiming that the government's case against him is weak.

Estrada said he preferred to stay with his mother at Polk Street in Greenhills, San Juan municipality if the anti-graft court will grant his petition.

Special Prosecutor Dennis Villaignacio has submitted his opposition to Estrada's petition in early August.

Estrada is on trial for plunder, a crime punishable by death under Philippine law.

Environment and Natural Resources Secretary Michael Defensor disclosed last week that part of reconciliation talks was Estrada's release on recognizance -- a plan Senator Arroyo belittled as mere politicking.