Enrile lawyer wants house arrest for client

MANILA, Philippines – Veteran lawyer Estelito “Titong” Mendoza, counsel for 90-year-old opposition senator Juan Ponce Enrile, now wants something else for his client upon hearing the recommendation of doctors of state-run Philippine General Hospital (PGH).

“The better thing is to send him home,” he said in a chance interview with reporters Monday, July 14.

Mendoza explained that a house arrest is the only setting where his client will not be subjected to stressful conditions, which PGH doctors cited as a factor that may contribute to Enrile’s diagnosed conditions escalating to fatal attacks.

Enrile’s camp, however, has yet to file a motion asking for a house arrest. 

Its pending motion before anti-graft court Sandiganbayan’s 3rd division concerns Enrile’s continued confinement at the Philippine National Police (PNP) General Hospital in Camp Crame, while the court resolves his motion to post bail.  

The motion was heard Monday afternoon.

Initial findings ‘inconclusive’

Mendoza was present in the Monday hearing where a PGH medical team appeared in court, attesting to a report outlining 6 recommendations mainly concerning further evaluation and tests on Enrile’s condition.

Called to the witness stand, PGH Director Jose Gonzales said a collective finding by the PGH team noted that further observation and tests “ideally performed in a hospital setting” are needed to know for sure if Enrile is fit to be held in a detention facility or needs to be under hospital arrest.

Justice Alex Quiroz was first to question Gonzales, noting in the phrase “which may lead to” that the PGH’s findings are mere possibilities and not a certainty.

Responding to Quiroz, Dr Gonzales said that his vocation always errs on the side of caution. “Medicine, your honor, is not an exact science. We will always be on the safe side. We cannot predict,” he said. 

Pressed to answer whether he recommends that Enrile be held at the PNP Custodial Center, Gonzales reiterated that further medical tests are needed.

Clarifying, Justice Samuel Martires then said that the choice is between a hospital arrest and detention at a Bureau of Jail Management and Penology (BJMP) facility. The PNP Custodial Center in “Camp Crame is not a jail,” he said.

Possible transfer to where Reyes is confined

Gonzales told the court that if the PNP General Hospital is equipped to conduct the 6 recommendations they outlined, then Enrile should stay there. If not, he said there are always state-run hospitals where Enrile can be confined for the series of tests the PGH team recommended.

Gonzales mentioned the Philippine Heart Center (PHC) in addition to PGH as among these hospitals. He noted that the PNP General Hospital, where Enrile is currently confined, is nearer to PHC than PGH.

Lawyer Jessica Lucila “Gigi” Reyes, Enrile’s co-accused and former chief of staff, is currently confined at the PHC. Reyes was transferred from the Taguig Pateros Distrcit Hospital to the PHC last July 11, after medication failed to relieve her persistent chest pains and difficulty in breathing.

The two are accused of conspiring to plunder P172 million (about $3.9 million) in Enrile’s Priority Development Assistance Fund (PDAF). They also face 15 counts of graft.

Hospital arrest is stressful, too

Reading the report, a PGH cardiovascular doctor noted that Enrile may suffer from a “heart attack” or a “stroke” or other “fatal or non-fatal cardiovascular events especially under stressful conditions.”

Justice Martires then commented that a hospital arrest can be stressful, too. He said a house arrest may be the better set-up, given the PGH findings.

Dr Gonzales of PGH then explained that a hospital arrest can even lead to “hospital-acquired pneumonia,” which is “virulent” and needs “high-generation antibiotics.”

Questioning Dr Gonzales at the witness stand, special prosecutor Edwin Gomez implied that Enrile’s occupation as senator was likewise stressful.

Lawyer Mendoza admitted that Enrile’s duties as senator can be stressful. He added, however, that his client performed these duties knowing that he is going back to his home at the end of the day and not to a detention facility.

Detention not as punishment

Mendoza argued in court that Enrile’s confinement is not meant as a punishment, as the senator is not yet convicted. He said it merely serves as preventive detention to ensure Enrile will be facing his charges in court.

Mendoza then asked to Dr Gonzales: “Do you think he’s capable of escaping?”

“I don’t think he is a candidate for walkathon or running contest,” Gonzales said in jest, noting that Enrile needs to be assisted when he’s standing or sitting down.

Ending the hearing on Enrile’s motion, Presiding Justice Amparo Cabotaje-Tang said the court will issue an order based on the recommendation of PGH doctors that additional tests be conducted. 

The court is set to resolve Enrile’s motion to be held at the PNP General Hospital, said Tang. – Rappler.com