SPECIAL, HUMANITARIAN AND COMPELLING CIRCUMSTANCES MAY JUSTIFY THE

ADMISSION OF BAIL DESPITE THE CRIME ALLEGED IS PUNISHABLE WITH RECLUSION

PERPETUA

Juan Ponce Enrile v. Sandiganbayan (Third Division), and People of the Philippines
G.R. No. 213847; August 18, 2015

Bersamin, J.

FACTS: The Office of the Ombudsman charged Juan Ponce Enrile with plunder in the
Sandiganbayan on the basis of his purported involvement in the diversion and misuse of
appropriations under the Priority Development Assistance Fund (PDAF). Upon the issuance of
his warrant of arrest, Enrile voluntarily surrendered to the Criminal Investigation and Detection
Group (CIDG). He was later on confined at the PNP General Hospital.

Enrile filed Motion for Detention at the PNP General Hospital and Motion to Fix Bail in which he
averred the presence of two mitigating circumstances of age and voluntary surrender.

The Sandiganbayan denied the Motion to Fix Bail. It held that the motion was prematurely made
because no hearing was conducted as no application for bail has been filed in the first place.
Moreover, it held that the presence or absence of mitigating circumstances is not a
consideration in the granting of bail.

Enrile countered that before judgment of conviction, an accused is entitled to bail as a matter of
right. He emphasized that the prosecution has the duty and burden to show clear and
conclusively that he is not entitled to the relief sought. Further, he alleged that the
Sandiganbayan erred in not taking into account his age of over 90, medical condition, and social
standing in rendering its decision.

ISSUE:

May the advanced age and poor medical condition of an accused justify his admission to bail?

HELD:

YES, the advanced age and poor medical condition of an accused justify his admission to bail.

The principal purpose of bail is to guarantee the appearance of the accused at the trial, or
whenever so required by the court. The Court is mindful of the country’s national commitment to
the Universal Declaration of Human Rights, to uphold the fundamental human rights as well as
value the worth and dignity of every person has authorized the grant of bail not only to those
charged in criminal proceedings but also to extraditees upon a clear and convincing showing:
(1) that the detainee will not be a flight risk or a danger to the community; and (2) that there
exist special, humanitarian and compelling circumstances

The currently fragile state of Enrile's health presents compelling justification for his admission to
bail, but which the Sandiganbayan did not recognize. There is no question at all that Enrile's
advanced age and ill health required special medical attention. Bail for the provisional liberty of
the accused, regardless of the crime charged, should be allowed independently of the merits of
the charge, provided his continued incarceration is clearly shown to be injurious to his health or
to endanger his life. Indeed, denying him bail despite imperiling his health and life would not
serve the true objective of preventive incarceration during the trial.
It is relevant to observe that granting provisional liberty to Enrile will then enable him to have his
medical condition be properly addressed and better attended to by competent physicians in the
hospitals of his choice. This will not only aid in his adequate preparation of his defense but,
more importantly, will guarantee his appearance in court for the trial.

Accordingly, Enrile’s advanced age and poor medical condition justify his admission of bail.