By Benjamin Cuaresma
MANILA, Philippines — Senator Jinggoy Estrada and former House deputy speaker Mike Defensor have formally asked the Sandiganbayan to allow their temporary release while facing plunder charges, arguing that prosecutors failed to present strong evidence to justify their continued detention.
Separate petitions for bail were filed before the anti-graft court on Thursday, with both respondents maintaining that the prosecution has yet to establish a compelling case that would warrant denying them their constitutional right to bail pending trial.
In his petition, Estrada argued that the government’s evidence falls short of proving his alleged participation in the supposed diversion of public funds tied to flood control projects. He asserted that the prosecution failed to demonstrate that he personally received or accumulated ill-gotten wealth, a key element in the offense of plunder.
Defensor echoed the same position, insisting that the evidence presented against him does not meet the legal threshold required to keep an accused in detention while the case is being heard. He maintained that the prosecution has yet to prove that the evidence of guilt against him is strong.
The petitions came after the Sandiganbayan earlier ruled that motions merely seeking to fix the amount of bail were premature. Instead, the court directed the accused to file formal petitions for bail, which would require the court to first determine whether the prosecution’s evidence is sufficiently strong to deny provisional liberty.
Under Philippine law, bail is not a matter of right for individuals charged with plunder, an offense punishable by reclusion perpetua. Before bail may be granted, the court must conduct hearings to assess the strength of the prosecution’s evidence.
The Office of the Special Prosecutor is expected to file its opposition to the petitions before the Sandiganbayan schedules hearings on the bail applications.
The anti-graft court has yet to issue a ruling on whether Estrada and Defensor will be allowed temporary liberty as proceedings in the high-profile plunder case continue.
ia/xf
