Court rejects transfer of Jinggoy Estrada to regular jail

MANILA, Philippines – The anti-graft court’s Sandiganbayan Fifth Division junked on Thursday, September 18, the government’s motion to move Senator Jinggoy Estrada to a regular jail, citing security issues.

“The BJMP (Bureau of Jail Management and Penology), in view of their undermanned situation and limited resources, cannot guarantee the safety and security of high-profile, high-risk inmates in this and other cases pending in other courts,” the court’s 17-page resolution read.

Estrada is currently detained at the Philippine National Police Custodial Center in Camp Crame, an arrangement the prosecutors believe is against the law.

The panel argued that an accused must be detained in a facility supervised by the BJMP, which they say should have custody of prisoners awaiting trial.

But the Sandiganbayan’s 5th division heeded the comments of BJMP Metro Manila Director Romeo Salazar Rio on the supposed congestion and lack of personnel in the bureau’s facilities.

The 5th division justices considered “the history of riots, the ratio of jail guard to inmates and the probability of any untoward incident happening in the said facility,” as Rio had testified on August 29.

The 5th division is assigned to try Estrada’s plunder and graft charges, filed due to the alleged misuse of P183 million ($4.1 million*) of his Priority Development Assistance Fund (PDAF) in the pork barrel scam, the biggest corruption scandal in recent Philippine history.

Estrada is awaiting trial pending the court’s resolution of his bail plea, which is currently being heard.

Law wrongly invoked?

In seeking the transfer of Estrada to a regular jail, prosecutors argued that his continued stay at the PNP Center affords him special treatment. (READ: Court asked to transfer Revilla, Estrada, Napoles to BJMP facility)

Estrada, however, cited his public stature as senator and son of a former president. (READ: Estrada assails jail transfer, cites public stature)

“He is not an ordinary detainee. He is a high-risk, high-profile detainee,” his lawyers argued.

The senator and former San Juan mayor likewise argued that his detention is not meant as punishment – as he has yet to be convicted – but only to ensure that he will answer to the charges against him in court.

What is important is “the fact of custody” – that the accused’s freedom is restricted – and not “the place of custody,” his lawyers asserted.

The prosecution’s comments regarding favored treatment accorded to Estrada came after the Sandiganbayan’s Third Division ordered two other accused in the PDAF scam detained at a BJMP facility in Camp Bagong Diwa, Taguig City.

The 3rd division resolved that those awaiting trial must be kept in jail, which is managed by the bureau. 

The 3rd division based its resolution on Republic Act 6975 or the Department of the Interior and Local Government Act of 1990.

The same law was invoked by the prosecution in their move to have Estrada transferred to Camp Bagong Diwa.

But the 5th division said the law was wrongly applied.

“There is nothing in the aforesaid provisions that exclusively enumerates or states the detention facilities under which a person awaiting trial should be placed in custody,” the court resolved.

This opinion is shared by justices of the First Division, which junked a similar plea in the PDAF cases of Senator Ramon “Bong” Revilla. – Rappler.com

*$ = P44.44