Why Jinggoy Estrada sought bail for his plunder then withdrew it later on

MANILA, Philippines – Senator Jinggoy Estrada, the highest incumbent public official to have been arrested over flood control corruption, was initially seeking bail for his non-bailable plunder case.

He filed an urgent motion to fix bail, or set a specific amount for temporary release, with the Sandiganbayan 5th Division on June 1, even before his arraignment. Arraignment is where the court reads the information against the accused, and where the latter enters either a guilty or not guilty plea.

“Our position is for the court to conduct hearing,” said one of Estrada’s lawyers on Thursday, June 4.

Under the Rules of Court’s Rule 114, Section 7, a person facing a case that carries the penalty of reclusion perpetua (up to 40 years) or life imprisonment cannot avail him/herself of bail if the evidence of guilt is strong.

But the accused may still file a petition for bail. Under Rule 114’s Section 8, the court will conduct bail hearings where the prosecution can establish that the evidence of guilt is strong. If the case is weak, then the accused may be granted bail.

The complication in Estrada’s case, however, was his pending motion to quash information — an action filed to ask the court to dismiss the case during the early stage of the proceedings. Estrada was basically asking the court to junk his cases because he believes they are not valid, at the same time asking the court to allow him to post bail. So which is which?

After a back-and-forth with the justices, Estrada’s lawyer Laurence Arroyo said they want the motion to quash to be prioritized first. Estrada’s counsels replied in the affirmative when asked by Associate Justice Gener Gito if they were abandoning the motion for bail.

“Attorney Laurence Arroyo, collaborating counsel, manifested that they are now moving for the withdrawal of the urgent motion to fix bail as well as a motion to transfer detention facility of Senator Estrada and the same is hereby granted,” Division chairperson Associate Justice Zaldy Trespeses said.

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Withdrawals, deferment

Estrada also filed a motion to transfer him from the New Quezon City Jail in Payatas, where he is detained, to Camp Crame. On June 2, his lawyers also manifested to the court that he wanted to refrain from wearing the yellow detainee uniform and handcuffs.

On Thursday, the lawyers said they were withdrawing the motion to transfer. As for the manifestation to refrain from wearing the uniform, Estrada’s counsel said they did not file a formal request with the court.

Meanwhile, Bonoan also has a pending motion for hospital arrest.

Due to Estrada’s and Bonoan’s pending motions, Trespeses announced that the arraignment of the two was rescheduled to June 30.

The three other accused — District Engineer Manny Bumagat Bulusan, District Engineer Arturo Lombres Gonzales Jr., and Assistant District Engineer Denryl Caesar Cortuna — proceeded with their arraignment. The three waived the reading of the information against them.

All three pleaded not guilty to their graft and plunder cases. – Rappler.com