Enrile vs Sandiganbayan Digest

Facts:
Enrile and several others were charged of plunder for the diversion
and misuse of appropriations under the PDAF or Priority
Development Assistance Fund.
Enile filed and prayed to be allowed to post bail should the probable
cause be found against him.
The motions were heard by the Sandiganbayan but was denied
based on its prematurity. Consequently, The Sandiganbayan issued
a warrant of arrest of Enrile. On the same day, Enrile voluntarily
surrendered to Dir. Benjamin Magalong of CIDG in Camp Crame and
was then confined to PNP General Hospital. He then filed for his
motion for detention and Motion to Fix Bail.
Grounds of Enrile :
Prosecution did not establish the evidence of his guilt and was not
strong.
Only reclusion temporal and not reclusion perpetua should be his
penalty if ever since there two mitigation circumstances on the
basis that he voluntarily surrendered and that he was beyond 70
years old.
He is not a flight risk due to his age and physical condition. (there
are numerous illness and complications listed in this case for Enrile.)
Then the Sandiganbayan denied Enriles Motion to Fix Bail.
Issue: WON Is bail a matter of Right or a discretion of the court.
Notes :
Bail is a matter of right if it is filed in MTC MCTC.. Etc. As for RTC, it
can be either a right or upon the discretion of the court.
Instanced when it is not bailable,
- offenses punishable by reclusion perpetua (or death)
- life imprisonment and the evidence of guilt is strong.
(regardless of the stage of the criminal prosecution)
Instances when granting of bail is discretionary
- upon conviction of RTC, it is not punishable by Reclusion
Perpetua or life imprisonment.
- imposed penalty beyond 6 years. (rule 114 RRCP)
- recidivist, quasi-recidivist, habitual delinquent.
- evaded sentence, escaped confinement.. Etc.
- committed offense while under probation, parole, conditional
pardon.

- indicate probability of flight if released on bail.

- undue risk he may commit another crime during the pendency
of the appeal.
It is worth noting that a hearing is mandatory before bail.
- the prosecution must be consulted/heard.
(it is equally entitled as to the accused to due process.
Held : it was a matter within the courts discretion. Bail in his case
is considered as a provisional remedy under the constitution.
Bail for provisional remedy of the accused - injurious to his health/endanger to his life (present in Enriles
case with the testimony of his current physician)
Regardless of the stage/stage of the case , it will always be a
discretion of the court whether or not to admit prisoner to bail.
Hence, the certiorari was granted. 1million as a cash bond.