After bid to fix bail is denied, Jinggoy seeks bail from Sandiganbayan
MANILA, Philippines — Sen. Jinggoy Estrada has asked the Sandiganbayan to allow him to post bail in connection with his plunder charge.
Estrada filed a petition for bail on July 29 before the anti-graft court's Fifth Division, arguing that the evidence of his guilt is not strong.
“There is no strong evidence that accused Estrada willfully and unlawfully demanded, solicited, or received, directly or indirectly, from DPWH Undersecretary Roberto R. Bernardo, or the latter's aide, driver, or representative, or from District Engineer Henry C. Alcantara, any so called 'commitment,' kickbacks, or commissions, whether in the amount of 25% of the total project budget of P88,750,000 or P125,000,000 or otherwise, either by reason of his position as Senator or in connection with any DPWH flood control or infrastructure project,” Estrada’s petition read.
On July 2, Estrada's motion to fix bail was also denied by the anti-graft court.
The court explained that its role was not to decide whether the accused could ultimately be granted bail but rather to resolve the preliminary question of whether it could fix a bail amount without first judicially determining whether the evidence of guilt against Estrada was strong.
The Constitution, under Article III, Section 13, states that all persons, except those charged with offenses punishable by reclusion perpetua when the evidence of guilt is strong, shall be bailable before conviction.
The Rules of Court also state that no person charged with an offense punishable by death, reclusion perpetua or life imprisonment shall be admitted to bail if the evidence of guilt is strong.
According to Ombudsman prosecutors, Estrada is facing one count of plunder and two counts of graft before the anti-graft court stemming from an alleged “intricate mechanism involving illegal budgetary insertions and project allocations” within the Department of Public Works and Highways' infrastructure portfolio for fiscal year 2025 worth P573 million.
Plunder, a non-bailable offense, is punishable by reclusion perpetua, or imprisonment of up to 40 years, without the possibility of parole.
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