President Aquino wants the Supreme Court to clarify the parameters of Senator Juan Ponce Enrile’s bail issue because it has been granted on new grounds, a Palace official said on Saturday.
“I think for the President it has to be clarified kung paano ba ‘yung galaw ng bail na ‘yan,” Deputy presidential spokesperson Abigail Valte said in a radio interview.
Valte told dzRB Radyo ng Bayan that the President wanted to clarify everything about the SC’s decision to free Enrile on bail.
“Marami hong kailangan pang klaruhin. At the very least, ang utos ng Pangulo diyan ay aralin ang desisyon at tingnan kung ano ang susunod na hakbang,” she told Radyo ng Bayan.
Valte said the decision of SC on Enrile’s case becomes part of its doctrine that all lawyers can use in their pleadings in the future and this needs clarification.
“My understanding of it is that this doctrine should apply to everyone unless the Supreme Court itself limits its application,”
The palace official cited the case of former First Lady Imelda Marcos at the time she wanted to return to the Philippines noting that the Supreme Court made a decision then that its decision should only apply to Marcos’ case.
The SC limited its decision for the case of Marcos only and this is called sui generis, meaning unique or one in its own class, Valte explained.
But in the fixing of the bail in the Enrile case, the SC hasn’t laid out such limitation, she said.
Asked if the executive branch will file a motion for reconsideration, she said there are other legal remedies that the government could use, but the Palace will leave it up to the prosecutors to determine what the next step is.
The SC granted Sen. Juan Ponce Enrile’s plea to post bail in connection with his plunder trial stemming from his alleged involvement in the pork barrel scam.
Enrile argued that the evidence linking him to the pork barrel scam is weak, and that he is not a flight risk.
He also pointed out two mitigating circumstances: advanced age and his voluntary surrender, which, under the law, puts the prescribed penalty for plunder at reclusion temporal (12 years and 1 day to 20 years), not reclusion perpetua (20-40 years). PND