MANILA, Philippines—Senator Juan Ponce Enrile’s motion for hospital detention is not only “extraordinary,” it is also out of reach to other detainees who do not share the social stature of the veteran lawmaker, the prosecuting panel told the Sandiganbayan.
In their opposition on Enrile’s plea for hospital arrest, the Office of the Special Prosecutor said Enrile’s motion is “extraordinary,” considering that not all accused could avail such a privilege.
But the prosecutor maintained that Enrile’s health concern is “not unimportant,” but the 90-year-old senator still has to justify hospital arrest.
“Enrile’s safety and well-being is not unimportant; this much needs to be clarified. Plaintiff has no qualms extending accommodations and allowances to him if warranted under the circumstances,” the motion read.
“However, because prayer for a hospital detention and a continuing authority to be confined to another medical facility outside of Camp Crame is extraordinary (not to mention unavailable to countless other accused who may not share his status), the justifications for its grant may likewise be compelling and persuasive,” it added.
Senator Juan Ponce Enrile. INQUIRER FILE PHOTO
The prosecutors said Enrile has not justified his motion for hospital detention.
For one, the 90-year-old senator still managed to perform his mandate as senator before he was detained for plunder, the prosecutor said.
“Enrile appears to impress upon the Court that he is a sickly man requiring constant medical attention… (But) prior to his arrest, Enrile has been serving on a full-time basis as a Senator… undertaking all the work that any legislator is assigned to do,” the motion read.
“He has not made of record any inability to discharge his functions as a senator, including crafting bills, attending committee hearings or participating in plenary deliberations,” it added.
The motion also said Enrile should explain then the “drastic deterioration unto a frail man needing continuous confinement in a hospital.”
“If Enrile is strong enough to continue serving as a Senator… then by the standards of logic and common experience, he should be capable of withstanding preventive detention…” the motion said.
The prosecutor also said Enrile’s claim that the Philippine National Police General Hospital, where he is confined, does not have the necessary resources is “speculative.”
Enrile had also asked the court to allow him access to other medical facilities outside Camp Crame.
The prosecutor said Enrile should face the fact that as a detained suspect, he has to endure the “inconvenience” of being a detainee.
“Enrile must… accept the fact that his choice of an attending physician or medical facility is no longer unbridled,” the motion said.
“Like all other accused, Enrile is bound to endure this inconvenience,” it added.
The veteran lawmaker surrendered to the police after the Sandiganbayan issued an arrest warrant for his plunder charges over the pork barrel scam.
Enrile had asked the court for hospital relief, but the court deferred its decision, ordering the Philippine General Hospital to conduct a medical check-up on Enrile.
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