Justice Leonen: SC’s grant of bail to Enrile is special accomodation
Associate Justice Marvic F. Leonen said that the Supreme Court’s (SC) grant of bail to Senator Juan Ponce Enrile is considered as a “special accomodation”.
In his 29-page dissenting opinion released on Thursday, Leonen expressed his apprehension that the SC decision granting the petition for bail of Enrile may bring about the time of “selective justice” wherein the decision will not anymore be based on “legal provisions” but based on “human compassion”.
What is unfortunate, Leonen said, the trial courts and the Sandiganbayan may be deluged by “motions to fix bail”. the basis of which, is on the ground of humanitarian considerations.
In these circumstances, he said, the lower courts should decide whether the bail should be granted due to old age or ailment or whether such a privilege will only be granted to senators or a former President who are accused of plunder and not to those accused of drug trafficking, multiple incestous rape, serious illegal detention and other crimes, with a corresponding penalty of “reclusion perpetua” or life imprisonment.
For Leonen, the decision of the majority of the SC justices is contrary to the “Rule of Law” and will imperil the legitimacy and stability of the entire judicial system.
Leonen also maintained that no “grave abuse of discretion” was committed on the part of the Sandiganbayan when it dismissed the petition for bail of Enrile, especially so that his health condition and the “humanitarian consideration” are not included in the arguments raised by the senator in his motion.
Because of this, he said, the grant of provisional liberty to Enrile can be considered as a “special accomodation”.
He added that taking into account the humanitarian consideration is also not included in the “Rules of Court”, any law passed by the Congress and even the 1987 Constitution as basis for the grant of bail. (PNA)