SC upholds bail grant to Jinggoy

The Supreme Court has upheld a Sandiganbayan resolution granting bail to Sen. Jose “Jinggoy” Ejercito Estrada, who is charged before the anti-graft court’s Special Division.

In an 18-page unanimous decision penned by Justice Cancio Garcia, the high court dismissed the petition seeking to set aside the Sandiganbayan resolutions which granted bail to Estrada and denied the government’s motion for reconsideration.

The SC ruled that the Sandiganbayan Special Division did not commit grave abuse of discretion in issuing the assailed resolutions. It also gave weight to a statement made by the Sandiganbayan Special Division that “there looms the possibility that, in case of conviction, (respondent’s) criminal liability would probably not warrant the death penalty or reclusion perpetua.”

In addition, the court also pointed out that Estrada is not a flight risk as he was elected to the Senate on May 10, 2004 and is not a “shadowy character who would jump bail.” 

Meanwhile, the SC shot down the government’s argument that Estrada should not have been granted bail as he is a co-conspirator and that even without a finding of conspiracy, he is as guilty as his father and co-accused, former President Joseph Estrada, by his indispensable cooperation and/or direct participation in the crime of plunder.

The SC said in its ruling that Estrada “can be held accountable only for the predicate acts (illegal gambling) he allegedly committed… which were allegedly done in conspiracy with the former President, whose design was to amass ill-gotten wealth amounting to more than P4 billion.”

“The petitioner assumes that the ruling accorded benefits to respondent that were inexistent at the start of that case. But no such benefits were extended,” the SC added.