A militant lawmaker on Wednesday said the Supreme Court (SC) should allow bail for at least 53 leftist prisoners accused of political crimes who are also senior citizens with health concerns just like Sen. Juan Ponce Enrile, who walked out last week from detention for humanitarian reasons.
Bayan Muna Rep. Carlos Zarate said that this was the only way the court could disprove criticisms of double standard and elitism when it allowed temporary freedom for Enrile, who has been accused of a nonbailable crime of plunder in the Janet Lim-Napoles pork barrel scam.
“If the Supreme Court is truly impartial and does not give favors to the elite, it should not be so difficult to extend this kindness to ailing political prisoners languishing in prisons all over the country,” Zarate said.
Based on a report by Samahan ng Ex-Detainees Laban sa Detensyon at Pag-Aresto (Selda), there are at least 53 political prisoners who are senior citizens and who have frail health just like Enrile.
Zarate said the National Union of People’s Lawyers would file a case in the high tribunal to free the aging and sickly political prisoners on the same ground cited in the Enrile bail.
He said the government was duty bound to implement the court ruling on Enrile. “If the SC ruled that humanitarian condition is now a ground for bail granting, the Aquino government is also duty-bound to observe it,” Zarate said.
He named some of the political prisoners who should be given bail: Rolando Pañamogan, who has diabetes and asthma; Jesus and Moreta Alegre, both in their late 60s; Gerardo dela Peña, 75; Ramon Argente, who had a triple bypass operation in 2013; Wilma Tiamzon, 61; Benito Tiamzon, 63; Tirso Alcantara, Alan Jasminez, both 68; Adelberto Silva, 68; and Sharon Cabusao, who is suffering from leukemia and thyroid illnesses.
“Medical attention afforded to politicians, plunderers and high-profile scam kings and queens are not provided to political prisoners, and in fact, some political prisoners have died because of the lack of medical care,” Zarate said.
He claimed that the charges against these communist leaders were “trumped up” even though they should have been protected under the Joint Agreement on Safety and Immunity Guarantees (Jasig).
“The tactic of the Aquino administration in filing trumped-up and nonbailable crimes against ranking leaders of the underground communist movement also hampers the peace talks with the NDFP (National Democratic Front of the Philippines),” Zarate said.
Selda said that as of November 2014, there were 491 political prisoners, of whom 43 were female, 53 were ailing, 42 elderly and six minors.
Zarate could not help but cite the irony in the Aquino administration’s policy on political crimes.
“Despite having a political prisoner for a father, President Aquino has had 220 political prisoners arrested under his term. These people are not the ones that should be jailed. The government must put its efforts to capture the plunderers and those responsible for the spate of extrajudicial killings,” he said.
Arroyo case
For former Justice Secretary and now 1-BAP Rep. Silvestre Bello, the ruling on Enrile has finally lifted the fear of retaliation which gripped magistrates after the Aquino administration succeeded in impeaching former Chief Justice Renato Corona.
Bello said that the Sandiganbayan should now act without fear in deciding on the House resolution which he initiated to seek the Sandiganbayan’s nod for former President Gloria Macapagal-Arroyo’s bail petition on her plunder case.
Arroyo, now a Pampanga representative, has been detained for the last three years at Veterans Memorial Medical Center for allegedly misusing Philippine Charity Sweepstakes Office (PCSO) funds. All PCSO officials accused with her are out on bail.
“The judiciary has shown that it has finally rid itself of the chilling effect of the Corona impeachment with the Enrile ruling. With only a few months left in the Aquino administration, the justices would be more independent in deciding on their cases,” Bello said.
He said the President was ill-advised in declaring that Arroyo should remain in jail despite the high court’s decision granting bail to Enrile.
“President Aquino should realize that the high court decision has become part of the jurisprudence, therefore, considered a law of the land,” Bello said.
Two lawmakers threw their support for the court’s decision.
Leyte Rep. Ferdinand Martin Romualdez cautioned government officials against assailing the decision on Enrile.
“We may agree or may not, but let’s respect the ruling being the final arbiter of all legal conflicts,” said Romualdez, a lawyer and president of the Philippine Constitution Association.
“Our officials should not make statements against the Supreme Court because we are destabilizing the institution. When it comes to interpreting the law, all parties must respect the majesty of the court—win or lose,” Romualdez said.
Cavite Rep. Elpidio Barzaga Jr., who is also a lawyer, also urged the court to discipline its members and discourage them from sour-graping publicly whenever they lost in the voting.
“We have to abide by the ruling of the majority. No matter how good or how bad the decision, so long as the majority has spoken, we have no alternative but to follow,” Barzaga said.
“Out of propriety (SC), members should keep silent,” said Barzaga who suggested that the Chief Justice impose a gag order on members after a decision has been handed down.Gil Cabacungan