Metro Manila, Philippines – The Sandiganbayan Fifth Division has denied the motion of Senator Jinggoy Estrada for the court to fix bail for his non-bailable plunder charge, linked to the multibillion-peso flood control scandal.
In a resolution promulgated on July 24, the court said Estrada’s motion was premature and without legal basis.
It noted that Estrada had not filed an application for bail hearing, a requirement for the court to determine whether the accused is entitled to bail.
“Estrada attempts to bypass this indispensable constitutional requirement by asking the court to immediately fix the amount of bail without undergoing the mandated summary bail hearing. Hence, he cannot use the outcome of his previous case to justify a procedural shortcut in the present motion,” the ruling, penned by Associate Justice Gener Gito, read.
The Sandiganbayan said consistent with the Constitution, rules of court, and Supreme Court procedures, an accused charged with an offense punishable by reclusion perpetua like plunder does not enjoy an unconditional right to bail.
“The hearing is not a mere procedural formality; it is the mechanism through which the court discharges its duty of determining whether the evidence of guilt is strong, and consequently, whether the accused may be allowed provisional liberty,” it said.
Sandiganbayan justices also brushed aside Estrada’s assertion that he is not a flight risk, saying the argument was not an issue in this motion.
Estrada was accused of pocketing ₱573 million in flood control kickbacks and being involved in supposed budgetary insertions, allegations that he previously denied.
He has been detained at the New Quezon City Jail since June pending trial.
The senator has yet to issue a statement on the denial of his bail appeal.
