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Undue risk that he may commit Many years ago, when he had been charged with
another crime during the pendency of rebellion with murder and multiple frustrated murder, he
the appeal was granted bail because he was not seen as a flight risk.
3. Admission to bail in offenses punished by death, or life With his solid reputation in both his public and his
imprisonment, or reclusion perpetua is subject to private lives, his long years of public service, and history’s
judicial discretion judgment of him being at stake, he should be granted
When bail is a matter of discretion, a hearing is bail.
mandatory before bail can be granted Another compelling justification for admission to bail:
o Calls for the presentation of evidence and fragile state of his health
reasonable opportunity for the prosecution to o Suffering from:
refute fixing of bail Hypertension
Hearing may either be summary or otherwise Atherosclerostic cardiovascular disease
o Summary hearing: Atrial and Ventricular Arrhythmia
Brief and speedy method of receiving (irregular hear beat)
and considering the evidence of guilt as Asthma-COPD Overlap syndrome and
is practicable and consistent with the postnatal drip syndrome
purpose of hearing which is merely to Diabetes
determine the weight of evidence for High cholesterol levels
purposes of bail Etc
Court does not sit to try the merits There is no question that Enrile’s advanced age and ill
Avoids unnecessary thoroughness in health required special medical attention. His
the examination and cross examination confinement at PNP General Hospital, was not even
Guidelines in resolving bail applications (Cortes vs recommended by OIC and the internist doctor of the
Cartral) facility because of the limitations in the medical support
o In all cases, notify the prosecutor of the hearing at that hospital
of application for bail or require him to submit Granting bail to Enrile on the forgoing reasons is not
his recommendation unprecedented. The Court has already held that illness of
o Where bail is a matter of discretion, conduct a the prisoner should be taken into account (Dela Rama v
hearing of the application for bail regardless of The People’s Court)
whether or not the prosecution refuses to In the cases of Pio Duran and Benigno Aquino, they were
present evidence to show that the guilt of the released on bail on the ground that they were ill and
accused is strong for the purpose of enabling their continued confinement in New Bilibid Prison would
the court to exercise its sound discretion be injurious to their health.
o Decide whether the guilt is strong based on the To wait for the trial to finish before a meaningful
summary of evidence of the prosecution consideration of the application for bail defeats the
o If the guilt of the accused is not strong, objective of bail which is to entitle the accused to
discharge the accused upon the approval of provisional liberty pending the trial.
bailbond.
4. Enrile’s poor health justified his admission to bail
In making this decision, the Court is guided by:
o Principal purpose of bail which to guarantee the
appearance of the accused at the trial
o Philippines’ national commitment under toe
Universal Declaration of Human Rights which is
to uphold the fundamental human rights as well
as value the worth and dignity of every person
The national commitment of the Philippines authorized
the grant of bail not only those charged in criminal
proceedings but also to extradites upon a clear and
convincing showing:
o Detainee will not be a flight risk or danger to the
community
o There exists special, humanitarian and
compelling circumstances
Enrile’s social and political standing and his having
immediately surrendered indicate that the risk of his
flight or escape from this jurisdiction is highly unlikely
PSoriano