The free man

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BY AYIN DREAM D. APLASCA
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Monday. September 18, 2017
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MORE than three years ago, former senator Jinggoy Estrada was accused of plunder and graft and corruption. Fortunately, he was allowed to post a P1.33-million bail bond on Saturday. And now he is a free man.

He was released last weekend from detention at the Philippine National Police (PNP) Custodial Center in Camp Crame. Though no assurance whether his bail would lead to the dismissal of his case, the former senator maintains he is innocent. It is for the court to decide on the merits of the case.

However, I was wondering why he was able to post a bail bond. I know you’re wondering, too. You must have probably read from the news so many times that plunder is a non-bailable offense. This sent me revisiting the 1987 Philippine Constitution again. Let’s explore the issue.

All persons actually detained shall, before conviction, be entitled to bail. The person claiming the right must be in actual detention or custody of the law. This constitutional right is available only in criminal cases.

However, nowhere in Republic Act (RA) 7080, the law on plunder, that says that plunder is a non-bailable offense. Why? It is because RA 7080 cannot go against the fundamental and highest law of the land – the Constitution.

The Bill of Rights provides under Section 1, Article III that: “All personas, except those charged with offenses punishable by reclusion perpetua where evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.”

The provision shows there are two requirements to make the offense non-bailable: the offense charged is punishable by reclusion perpetua and the circumstances of its commission should show that the evidence of guilt is so strong against the accused. Lack of one means the accused is entitled to post a bail bond before conviction.

But it is very fiddly if you consult the Revised Rules of Court in Sections 4 and 5, Rule 114. It talks about “before and after conviction.” And it depends on what court has the jurisdiction over the offense. Section 4 is somewhat parallel with what the Constitution says.

However, Section 5 mentioned three possible penalties: death, reclusion perpetua, or life imprisonment. Here, bail is available even upon or after conviction by the Regional Trial Court. This time, it is discretionary on the part of the court if it will grant provisional liberty to the accused while waiting for the outcome of his appeal, in cases where appeal is duly perfected.

This is a very interesting law subject. Imagine, the Constitution speaks only of the offenses punishable by reclusion perpetua. The Rules of Court includes offenses punishable by life imprisonment. In comparison, the former is the maximum imprisonment penalty for crimes (or felonies) violating the Revised Penal Code while the latter is the maximum imprisonment penalty for crimes violating a special law.

No discussions yet on the recent bail plea of the former senator. But I’m fathoming the ratio decidendi of the case especially on whether it leaned more on the Constitution or on the Rules of Court. Maybe, this might also make former senator Bong Revilla a free man. Thus, we may now ask: Who’s the main plunderer?

(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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