De Lima: SC ruling very dangerous, unprecedented

Justice Secretary Leila de Lima. INQUIRER FILE PHOTO

“Very dangerous” and “unprecedented” was how Justice Secretary Leila de Lima described on Thursday the Supreme Court’s decision allowing Sen. Juan Ponce Enrile to post bail on plunder charges.

De Lima, who said she had yet to read the high tribunal’s decision, said the main consideration in the granting of bail petitions should be the strength or weakness of the evidence rather than humanitarian reasons.

“This is the first time I heard [of such a case] that the basis [for the grant of bail] is like that. It’s clear in the Constitution that in cases of capital offenses like plunder, they’re nonbailable except if the evidence of guilt is not strong,” De Lima told reporters.

She said the high court should make a solid stand on the matter of granting of bail, adding, “It must be clear that the granting of bail is just that requirement of whether or not evidence of guilt is strong so since the bail hearings are still ongoing how come there’s already a determination?”

De Lima said the Supreme Court, being a nontrier of facts, should have left it to the Sandiganbayan to decide on the bail issue.

Only Sandigan rule on guilt

“The bail hearings are still ongoing in the Sandiganbayan so it’s only Sandiganbayan which can determine if the evidence of guilt is strong or not, but here now is the Supreme Court which is saying that we are granting bail on humanitarian considerations,” she said.

“This decision has a big ramification so I hope the majority who voted in favor [of the bail grant] would realize that, especially since humanitarian considerations are not in the Constitution and in the rules of court. This is what worries me, and I think even the legal community. What we are looking at is an unprecedented decision of the Supreme Court,” she added.

“Is it still the court of law if it bases its decision on grounds other than what is prescribed in the Constitution or rules of court?”

Applicable to GMA?

De Lima was also asked by reporters on the possibility that the Supreme Court’s ruling on Enrile would be applied to the case of detained former President and Pampanga Rep. Gloria Macapagal-Arroyo, who is also detained at Veterans Memorial Medical Center for plunder and who has also asked the Supreme Court to be allowed to post bail for health reasons.

“Well, first we have to confirm if it (request for bail) is really for humanitarian considerations, for failing health and age. I don’t know if the reason of ages is applicable to hear, maybe failing health. But again, if the Supreme Court does that, that is again another unprecedented [ruling],” she replied.

De Lima also hinted her discomfort with the high tribunal’s majority opinion that the purpose of bail was to ensure that the accused would appear in court trials.

“If that is what they’re saying, there will be a lot [of detainees] who will [want to] avail of bail. What will now prevent the other accused from applying for bail directly with the Supreme Court and giving the same reasons? That’s very dangerous.”