Court on hospital arrest: Continue monitoring Enrile’s condition

MANILA, Philippines – The anti-graft court Sandiganbayan ordered doctors of the Philippine General Hospital (PGH) to continue monitoring the condition of Senator Juan Ponce Enrile.

In a press briefing Thursday, July 17,  the 3rd division’s clerk of court Dennis Pulma said the 90-year-old senator would have to pay for the medical expenses.

Reading the resolution, Pulma said, “Dr Jose Gonzales and/or any of his duly authorized representatives from the Philippine General Hospital are directed to continue the medical examination of accused Juan Ponce Enrile…all at the personal expense of the accused.”

The court directed the doctors to submit a report on the results of their monitoring within 30 days.

Gonzales is the director of state-run PGH. He earlier testified in court to enlighten the justices about the condition of Enrile, who is seeking hospital arrest. For now, Enrile’s motion for hospital arrest is still held in abeyance.

He will be staying at the Philippine National Police (PNP) General Hospital while the court awaits the PGH doctors’ report. Enrile will be allowed to visit another hospital for treatments not available at the PNP General Hospital.

The earlier findings of the PGH doctors were inconclusive.

Why fix bail this early?

Likewise, a July 14 minute resolution by the 3rd division denied Enrile’s motion to fix bail for his temporary liberty. The motion was denied “for lack of merit.”

Generally, Pulma said the fixing of bail or determining the amount of bail for an accused cannot go before the granting of bail. Bail can only be granted when there is no strong evidence of guilt against the accused – which can be determined by the presentation of evidence in a bail hearing.

In his motion, Enrile argued that two mitigating circumstances, including his age and voluntary surrender, downgrade the penalty of his alleged crime from reclusion perpetua to reclusion temporal. This, he said, makes his supposed crime bailable. (READ: Law gives Enrile leeway to be freed on bail – lawyer)

He also argued that there is no strong evidence of guilt that has been established by the prosecutors against him. Enrile’s earlier motion for bail filed prior to the issuance of an arrest warrant against him was denied for being premature. The court said an accused who has yet to submit to its jurisdiction cannot be allowed to post bail.

Arraignment for graft delayed again

Meanwhile, a July 17 minute resolution postponed to July 25 the arraignment of Enrile and his co-accused for their graft cases. This is the second postponement caused by the same reason – a pending motion by the prosecutors to amend the charge sheets for the graft cases. The arraignment was earlier postponed to Friday, July 18. 

Enrile is charged with plunder for allegedly pocketing kickbacks totaling P172 million when he allowed his Priority Development Assistance Fund (PDAF) to be diverted to fake non-governmental organizations. He also faces 15 counts of graft, which is bailable. For his graft charges, the bail was set at P30,000 per count.

Only Enrile’s former chief of staff Jessica Lucila “Gigi” Reyes will be arraigned on July 18 for her plunder case. Due to medical reasons attested to by her attending doctor, Reyes was a no-show when Enrile and the rest of his co-accused for plunder were arraigned. (READ: ‘Unstable’ Gigi Reyes skips arraignment).

Reyes was brought back to the Bureau of Jail Management and Penology (BJMP) female dormitory in Camp Bagong Diwa, Taguig City, Monday evening, July 14, after being discharged from the Philippine Heart Center (PHC). Her attending physician said she has been diagnosed with mixed anxiety disorder. – Rappler.com