Crame or Taguig? Court has say on senators’ detention

MANILA, Philippines (UPDATED) – Allies of the 3 senators charged with plunder want the Senate to suggest that they continue to be detained in Camp Crame but Senate President Franklin Drilon pointed out that only the court has the final say.

Minority Senators Vicente “Tito” Sotto III and Gregorio Honasan II filed a resolution at the opening of session for the Senate “to express the sense” that senators Ramon “Bong” Revilla Jr, Jinggoy Estrada and Juan Ponce Enrile continue to be detained at the Camp Crame police compound in Quezon City.

Sotto and Honasan argued that the 3 senators should remain in Camp Crame “so that they may have access to facilities and the space to continue to function as duly elected representatives of the people on the constitutional principle that the accused are presumed innocent until final conviction by the proper court.”

The resolution was in response to a motion of Ombudsman prosecutors for the anti-graft court Sandiganbayan to transfer Estrada, Revilla and Revilla’s staff Richard Cambe to Camp Bagong Diwa in Taguig.

For the prosecutors, the detention of the senators in Camp Crame does not have legal basis because the 4-room bungalow where they are being held was originally built as barracks for police officials, and is not a detention facility.

They also told the court that the Bureau of Jail Management and Penology (BJMP) should have control over and secure inmates.

Prosecutors also said that keeping the senators in Camp Crame gives them special treatment. The detention sparked controversy following media reports that the senators’ guests were allowed to stay beyond visiting hours and even brought in party food during the senators’ first days in jail. 

“The continued detention of accused at their present locations affords them special treatment as they are subjected to different rules and procedure not afforded to all other detention prisoners under BJMP control,” their motion read.

Yet in Sotto and Honasan’s resolution, they cited the Bill of Rights in the Constitution to say that the accused are innocent until proven guilty, and have the right to a speedy, impartial and public trial, and to have compulsory process to secure the attendance of witnesses and the production of evidence on their behalf.

They also cited the constitutional provision that the Senate alone has the power to discipline, suspend or expel its members.

Estrada, Revilla and Enrile face plunder charges over the pork barrel scam, the country’s biggest corruption scandal in recent history. They are accused of siphoning off funds for development and infrastructure projects to fake non-governmental organizations in exchange for millions of pesos in kickbacks.

Sandiganbayan has ‘full power’

Drilon told Rappler the Senate has no discretion over the issue. “It is the Sandiganbayan which will resolve the prosecution motion to transfer the 3 to Camp Bagong Diwa.” 

Asked about the Senate resolution, Ateneo School of Government Dean Antonio La Viña also told Rappler that only the Sandiganbayan can decide on the detention of the senators.

“The Senate can suggest but the Sandiganbayan has the ultimate say on this,” said La Viña, a lawyer.

He added that the senators can still discharge their functions in another detention facility.

“The Sandiganbayan has full and plenary power over detention matters. But it does have to take into account that these senators will still have to function as such after they serve the preventive suspension. The Sandiganbayan could order that the Taguig facility be retrofitted to meet that concern. Of paramount importance, I think, is security,” La Viña added.

On Monday, alleged scam mastermind Janet Lim Napoles was transferred to Camp Bagong Diwa from Fort Sto Domingo in Laguna in compliance with a court order to move her there. The court ruled that the police camp “is not a jail.”

The court also ordered that Enrile’s former chief of staff, lawyer Jessica Lucila “Gigi” Reyes, be detained in Camp Bagong Diwa.

The accused senators are opposing the prosecution motion. Estrada has said that he should remain detained in Camp Crame.

“Bakit kami isasali sa mga hardened or convicted criminals? We are not convicts.” (Why will they allow us to be detained with hardened or convicted criminals?) – Rappler.com