SERAPIO VS.

SANDIGANBAYAN396 SCRA 443

Facts:
Petitioner Edward Serapio was a member of the Board of Trustees andthe legal
counsel of the Erap Muslim Youth
Foundation. Sometime 2000pet i t i oner recei !ed
on i t s behal f a donat i on i n t he
amount of Php 200Mt h r o ugh "ha ! i t Si n gs on . Pe t i t i on e r r ec ei ! e
d t he don a t i on wo r t h t h e Foundation#s account. $n 2000 "ha!it Singson
publicl% accused PresidentEstrada and his famil% members and friends of
engaging in se!eral illegal acti!ities which triggered the &ling with the '(ce of the
'mbudsman se!eralcriminal complaints against the petitioner )oseph Estrada and his
son.' n * p r i l + 2 0 0 , ' m b u d s m a n & l e d w i t h t h e S a n d
i g a n b a % a n $nformations against the former president one of which for
plunder. -o bailwas recommended for the pro!isional release of all the accused including
thepetitioner. The case was ra.ed to a special di!ision which was
subse/uentl%created b% the Supreme "ourt. 'n 20 *pril 200, Sandiganba%an
issued aresolution &nding probable cause to 1ustif% the issuance of warrants of
arrestfor the accused. *rraignment was set on 22 )anuar% 200,. $n the
meantimepetitioner &led with Sandiganba%an an 3rgent Petition for bail which was setfor
hearing on Ma% + 200,. Petitioner#s co4accused )inggo% Estrada &led amotion
alleging that he was entitle to bail as a matter of right.5uring the hearing on Ma% + 200,
on petitioner#s 3rgent Petition
forBai l t he prosecut i on mo!ed f or t he reset t i ng of t he arrai gnment
of t heaccused earlier than the )une 22 schedule. 6owe!er Sandiganba%an
deniedthe motion of the prosecution and issued an order declaring that
the petitionfor bail can and should be heard BEF'7E petitioner#s
arraignment on 22 )une. 'n )une , Sandiganba%an issued a resolution re/uiring
the attendanceof pet i t i oner as wel l as al l t he ot her
accused dur i ng t he heari ng on t hepetitioner for bail considering that
under Section 8 7ule ,,0 of the
7e!ised7ul es of "ourt what e!er e!i dence adduced dur i ng t he heari
ng shal l beconsidered automaticall% reproduced at the trial