Sandigan junks Jinggoy motion to set bail amount

MANILA, Philippines - The Sandiganbayan denied yesterday the motion of detained Sen. Jinggoy Estrada to set the amount of his bail.

The anti-graft court’s Fifth Division said it could not come up yet with a ruling because the prosecution still has to conclude the presentation of evidence.

Estrada, who is facing trial for plunder for alleged involvement in the pork barrel fund scam, said the Sandiganbayan should decide on his bail bond, noting that government lawyers have failed to present evidence to prove his guilt.

However, the anti-graft court said Estrada, currently detained at the Philippine National Police custodial center in Camp Crame, should wait until the bail hearings are completed.

“When it is satisfactorily demonstrated that the evidence of guilt is strong, it is the court’s duty to deny the application for bail. However, when the evidence of guilt is not strong, bail becomes a matter of right,” the Sandiganbayan said.

The ruling also dismissed Estrada’s claims that ombudsman lawyers do not have anything substantial to add, saying it is up to the anti-graft court to make such assessment.

On the argument that bail should be granted and set because the accused is not a flight risk, the Sandiganbayan cited a Supreme Court decision that it is not a factor in a plunder case.

“In cases involving non-bailable offenses, what is controlling is the determination of whether the evidence of guilt is strong. Once it is established that it is so, bail shall be denied as it is neither a matter of right nor of discretion,” the magistrates led by Associate Justice Roland Jurado explained.