Petitioner and his co-accused were placed incustody of the law. Petitioner was arraigned butrefused to enter a plea. So the court entered aplea of not guilty. Is petitioner Jinggoy Estradaentitled to bail as a matter of right?Answer: The Court noted that the hearings on whichrespondent court based its Resolution denying themotion for bail involved the reception of medicalevidence only and which evidence was given 5 monthsearlier in September 2001. The records do not show thatevidence on petitioner's guilt was presented before thelower court. Thus, the Sandiganbayan was ordered toconduct hearings to ascertain whether evidence ofpetitioner's guilt is strong to determine whether to grantbail to the latter. Jinggoy Estrada vs. Sandiganbayan.The Government of the USA, represented by thePhilippine DOJ, filed with the RTC, the Petitionfor Extradition praying for the issuance of anorder for his “immediate arrest” pursuant to Sec.6 of PD 1069 in order to prevent the flight ofJimenez. Before the RTC could act on thepetition, Mr. Jimenez filed before it an “UrgentManifestation/Ex-Parte Motion” praying for hisapplication for an arrest warrant be set forhearing. After the hearing, as required by thecourt, Mr. Jimenez submitted his Memorandum.Therein seeking an alternative prayer that incase a warrant should issue, he be allowed topost bail in the amount of P100 thousand. Thecourt ordered the issuance of a warrant for hisarrest and fixing bail for his temporary liberty atP1 million in cash. After he had surrendered hispassport and posted the required cash bond,Jimenez was granted provisional liberty. DidHon. Purganan act with grave abuse ofdiscretion in granting the prayer for bail?Answer: Yes; bail bond posted is cancelled. Theconstitutional provision on bail on Article III, Section 13of the Constitution, as well as Section 4 of Rule 114 ofthe Rules of Court, applies only when a person has beenarrested and detained for violation of Philippine criminallaws. It does not apply to extradition proceedings,because extradition courts do not render judgments ofconviction or acquittal. Moreover, the constitutional rightto bail “flows from the presumption of innocence in favorof every accused who should not be subjected to theloss of freedom as thereafter he would be entitled toacquittal, unless his guilt be proved beyond reasonabledoubt. In extradition, the presumption of innocence isnot at issue. Gov’t of USA vs. Hon. Purganan.
Petitioner was a member of the Board ofTrustees and legal counsel of Erap MuslimYouth Foundation. He allegedly received, onbehalf of the said foundation, millions of pesoscoming from illegal activities. The Ombudsmanrecommended the filing of a case against himbefore the Sandiganbayan; a warrant for hisarrest was issued. Upon learning of the saidwarrant he voluntarily surrendered to the PNP.
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criminal law, Appellate court, Judge Donato & Salas