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It’s time to make a stand on Supreme Court’s Enrile ruling, says member of Cyber Plaza Miranda

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I’m posting a comment made by one of us on the bail of Senator Juan Ponce Enrile. @canadadry has a right to be heard on this issue. It is what millions of Filipinos fought for in Edsa in 1986. – raissa

By canadadry

When majority of the Supreme Court Justices reverse a long standing just principle to simply accommodate an influential politician, a democratic nation claiming to have been founded on the ideals of justice, equality and fairness for all leaves its existence open to question.

It leaves more questions as to whether any man of lesser stature can hope to find justice when his turn to be judged comes. It leaves an open wound to mothers whose children languish in jail just because they have less in life. It validates that decade old festering suspicion that in this land of ours justice is just for the rich. For hard working manual laborers langusihing in Muntinlupa, in their seventies, who happen to get caught stealing an extra bag of rice for their hungry families, they who could not be given an extra hour to go home and embrace their loved ones, this smacks of privileged living.

For an ex executioner of Martial Law to be rewarded this way on the anniversary of Ninoy’s death sure is a nice gift for the freedom these Justices and our society now enjoy. Nowhere in any civilized country today can one find a bunch of Justices simply relegating a just principle the way the eight Honorable Justices conducted this Enrile affair.

What holds our society together is this sense of fairness and justice, when that sense of fairness is thrown to the winds, dear Justices, you have just broken our country apart and found cause for your irrelevance. Is this what you truly want?

It`s time to make a stand.

Comments

  1. Nakakabahala ang ginagawa ng INC sa daloy ng kanilang rally. It is becoming clear that the INC is making a repeat of the 2001 mobilization.

    After Mayor Abalos of Mandaluyong extended their deadline to Monday morning, the INC group will be moving towards Sta. Ana, Manila. The city of Manila has given them a rally permit until September 4 so their mass action will not encounter any problem once they are in Manila, they have the whole week to do it. After Sta. Ana, what next? Will it be Malacanang?????? Is this a calculated power grab????

  2. Kasalukyang nangyayari sa DOJ Padre Faura, hinaharangan ng mga miyembro ng Iglesia ni Cristo ang gate at nagsasagawa rin ng vigil. Isinisigaw na huwag makialam ang DOJ, obviously referring to the complaint filed by Isaiah Samson against eight members of the INC council for illegal detention.

    Separation of church and state daw.

    Kung ang complaint ay illegal detention, ito ay violation of human rights at usapin ng batas.

    Hindi kaya ito ay isang isyu na hahantong sa korte suprema at magdedesisyon ulit ang arroyo8?

    • Sa interview nina Karen Davila at Vic Lima kay Isaiah Samson, the same time na may rally sa DOJ, sinabi raw ng pamunuan ng INC at pinaabot ng mga ministro sa kanikanilang pagsamba na si Manalo raw ang mismong pakay ng complaint at umano ay darakpin din kasama ang 8 miyembro ng sanggunian.

      As of this time, side pa lang ni Isaiah Samson ang naririnig.

        • aba, inc members are still on earth, they’re not yet in heaven, and therefore, subject to man’s law. god the son himself, jesus christ, humbly subjected himself to man’s law and the rest is history. inc members should not be afraid of man’s law for god will deliver them from evil, maybe divest them of evil too. god cures the sick both in mind, body, and spirit. inc members should be praying and tolling the bells, instead of rallying like angry mobs, not the peace loving people they portrayed themselves to be.

        • the more inc protests, the more they destroy their good name and the more they prolong their agony. they ought to show temperance and cooperate with authorities and answer questions, show that people’s trust in them is not misplaced.

        • It seems you know pretty well where and how to tickle these brethren of ours @ moonie…

          Yes, indeed, Jesus Christ humbly subjected Himself to man’s authority; He was governed by laws and followed the law. Why not our kapatids in the INC?

        • Now they are ordered to mass up at the EDSA shrine and advised to bring provisions such as raincoats, clothes, flashlights, water, foods, and even powerbanks for their phones. Although they are ganging up on de Lima, and now bringing to the streets the issues on pdaf & saf 44 the members are ordered not to call for the downfall of Aquino.

          Obviously, the INC is now openly flexing its muscles.

          Asan ngayon yung doktrina nila na pasakop sa batas at sa namuno sa pamahalaan.

          Separation of church and state ba ang tugunan ng gobyerno ang complaint of illegal detention? This is no longer an internal affair.

          Bulag na rin ba sa paggamit ng batas ang mga INC lawyers at hindi nila mabigyan ng tamang advice ang INC hierarchy?

        • Wishing the INC members/protesters have the same zeal to demonstrate against JPE’s bailed out, Binay’s list (alleged) of graft & corruptions.

          To INC protesters If the DOJ (including NBI, law enforcers) wouldn’t get involve, it will be in remiss (neglect) of its mandate and duty. There were complaints lodged of ‘kidnapping(s), harassment(s), threat(s)’ on citizens that happens to be INC members.

        • duquemarino, like most lawyers, inc lawyers go where the money is and do what is wanted by clients kahit alam nilang magkamali ang clients nila. it will be lawyers vs opposing lawyers until the court decides.

          once inc members bring out their internal affair to public domain, it’s no longer internal but also external and will be dealt accordingly. there are inc members working in nbi, in the police force, and anywhere else in the branches of the government, and should know better.

        • inc leaders are behaving like that wacho david, leader of religious commune in texas in the 70s? david was investigated for offences, but refused to face the investigation, ordering instead his congregation to mass up against the government; closed their compound to outsiders and then when things got out of hand, ordered all in his congregation to commit mass suicide.

        • At least give the INC protesters some credit of how organized, civil, committed they are.

          Their freedom to express their belief (misguided in toto), support of its religious leaders and denomination/sect, so far, is bar none.

          from video clips, mayruon pang big screen projection, kantahan at sayawan.

          Shouts for joy, dances and chants. Open & a Public service of their passion. Nag penitensiya, martsa to EDSA Shrine pa ata.

          Haven’t the other outspoken INC members, the whistleblowers, who were kidnapped, harassed and threatened of life, limb & excommunicado deserved to be heard too?

        • INC must be reminded and its members need to be understand that the Philippines is not a Theocracy.

          The Philippines has a Republic form, system of gov’t. Ruled by Leaders & Representatives elected by its people.

          In this instance, the leaders egging the INC protests against the gov’t (e.g. DOJ) are exploiting their members’ dunces.

        • bad leaders are in inc. wallowing in too much money, too much pride and self importance, they’re are braced for a fall.

  3. You’re suggesting people to hold rallies at a time when the most urgent problem that needs to be addressed is the worsening traffic? Not a very good idea.

    Oh, and has it ever occurred to you that Malacañang may have had an unseen hand in this SC decision? Enrile just revealed one of his most frequent visitors while in hospital detention is Mar Roxas.

    Why? Consider this. Since PNoy is no longer president next year, he is no longer immune from suit. There’s a good chance he’ll be facing charges himself, most likely for Mamasapano (Grace Poe’s Senate committee did find him responsible for that). Given that he has his own health issues, the SC bail ruling on Enrile is a precedent that comes in handy for PNoy’s lawyers to keep him out of jail.

  4. WHAT IS COOKING AT THE SUPREME COURT?

    Something is cooking at the Supreme Court (SC); its smell is suffocating and it creates a blinding smoke screen.

    Many people believe that the SC decision to grant bail to accused plunderer Senator Enrile was a political accommodation done in the guise of a judicial decision by a majority of the justices.

    Many see the decision as a travesty of justice so blatant that no less than Associate Justice Marvic Leonen issued a scathing rebuke of the decision that CPMers called the Arroyo-8 decision – named after the 8 Arroyo-appointed justices who approved the decision.

    If the speculation were true that someone pulled the strings on the 8 justices to decide in favor of Enrile, how does one reconcile it with the belief that the gang-of-8 may have an ax to grind against Enrile for his handling of the impeachment of Renato Corona who was seen as Arroyo’s strongest ally in the Supreme Court? Corona was one of them so why would they grant favor to Enrile?

    And why would Chief Justice Sereno allow a travesty of justice under her watch? Why would she be complicit in that? I would think that she would be first to block such a highly controversial political accommodation of Enrile. Why did she not? Why did it take an associate justice to shout “foul” about the decision? Was Justice Leonen taken out of the loop of what was really going on behind the scene?

    If one would read between the lines of Justice Bersamin’s letter to CJ Sereno asking her to look into his complaint against Justice Leonen for the latter’s very public rebuke of the majority decision, it looks like Bersamin is expecting some relief from Sereno. If not, why ask her to intervene?

    So what is really cooking at the Supreme Court? Why was Enrile granted bail, and some say for a reason that he did not plea for at that?

    Has Enrile finally come to terms with his mortality and is granted conditional liberty to give him a chance at self-redemption? Did the most senior senator just receive his “pabaon” from the powerhouse of his own peers?

    Is Enrile ready for a second act to his handling of the Corona impeachment trial that was somewhat viewed favorably by the general public? Will he be in pursuit of self-redemption? Or, does he care not how the Filipino people will remember him?

    The unfolding events in the coming days will indeed be very interesting.

      • kung ako si sereno, I’ll say, which one of you sons of bitches leaked the result of my psyche test to the public when I applied for the job of chief justice? I recall it was only her test result that was leaked, she has propensity kuno to call on god when times are hard, made it appear she is religious zealot . then, sereno can go on to antagonize those that boycotted her flag raising ceremonies when 1st appointed as chief justice at hiniya siya. so the bucks stop at sereno ngayon. she is chief justice, it’s her job to keep her house clean and free of vermin.

        now, enrile can sit at SET proceeding and hear 1st hand the complaint against grace poe’s citizenship issue.

        • It is hard to believe that the gang-of-eight would try to pull a fast on Chief Justice Sereno.

          It is even harder to believe that Sereno would not notice if they tried.

          So something is going on behind the scene.

        • my take is, leonen is new at medyo untested pa, hindi siya masyadong kabisado ng arroyo 8. si sereno on the other hand, alam ng arroyo 8 and weakness niya: how and when can she be distracted. I suppose busy si sereno when bersamin struck a coup, leonen though was another kettle of fish, double checked when in doubt and went back to read the fine print, and bersamin’s coup was resisted.

        • I think CJ Sereno was under the weather. The Torre orals was chaired by SJ Carpio in place of Sereno who the PIO said was sick.

    • My layman’s understanding is that a decision is arrived at by simple majority. What could Sereno have done beyond casting a dissenting vote?

      • Was it possible that each or factions among the SC Justices had read, reviewed, opinionated on several drafts that some or many of the Justices didn’t notice that the draft version control went amiss?

        Its quite possible that inside pages of different draft versions crossed folders (to & fro). That due to pressing matters and stacks of cases on their respective plates, and collectively on-call got them blind-sided, wittingly or unwittingly, by SC J Bersamin’s preferred final draft (JPE Bail Petition) for signatures?

        Maybe, just perhaps, CJ Sereno found out later of her errs or of the other Justices’ (told to CJ in confidence). AND that all or many of the Justices were reading from different versions of drafts (see minute details) being passed around their corridors?

        • Reminds us of Sen Sotto. Remember the RH bill? You wrote an article where the RH Bill in the Bicameral Committee, Sen Sotto inserted a provision (or clause) that changed the bill in some aspects/scope, at least in ‘meanings’ of it.

          The SC needs help from DOST or TESDA about introducing a version control documentation program.

          Sa dami ng trabaho nila sa SC, people tend to have mental or memory lapses, and try to keep pace, remember their trail of thoughts and of others at different time/day intervals.

        • kaya, tama si leonen in not trusting his memory, hindi nagpadala sa agos, and went back to check dates of papers presented and found discrepancies. sometimes, it pays to double check, may take time, but better that way.

        • judges are only human, but they’re trained to have eyes for details and should be able to pick up nuances like insertions. if there was deliberate deception, bersamin must have been banking on vow of silence and secrecy to bear him up, with judges not discussing in public what went on behind chamber doors no matter how sordid.

          it’s alarming to me that 7 judges easily signed their names unless they were part of the deception.

      • Let me expound on OUR lay men’s opinion, and raise some questions.

        8-4, in favor
        We all know what their votes are, HOW DID THEY CONDUCT THEIR VOTING BTW?

        Joint Conference?
        Was it in one room, facing each other around a roundtable? Or signed in their own office, then passed the ponente onto the next Justice office?

        Akala ko?
        Was each Justice appraised that the document (ponente) in front of them is the final version? AND importantly that their individual corrections, revisions and/or insertions were accommodated, or not, and later vetted out, by the secretary (?) as included, or not, in the final version?

      • @parengtony

        In his dissenting opinion Justice Leonen cited specific instances of irregularities in the decision making process initiated by Justice Bersamin, including allegation of alteration of the draft document that was deliberated upon.

        The least Justice Sereno could have done, as Chief Justice, was ensure that the process was done in strict compliance with the Court’s protocol and with greater transparency among the justices.

    • Nice write-up @yvonne.

      You raised a very intriguing question, ‘And why would Chief Justice Sereno allow a travesty of justice under her watch? ‘

      It was SC J Leonen who first went public, SC J Bersamin came out too for a rejoinder.

      What is cooking in a closed knit SC kitchen where SC CJ Sereno is supposedly The Big Chief. Has she started to wane down, a bit? Or, are there warning signs that she is avoiding to trample on?

      • Didn’t just Congress deliberated or passed the 2016 national budget that includes “P26.7 billion for the Judiciary: 22 percent more than its budget this year (2015), and twice its budget in 2010”? And didn’t the budget include a billion plus allocation for a new Supreme Court building?

        • wow, that much increase… 22% more.

          Inflation has increased that much to maintain and operate the justice machinery in the Philippines.

          For a new building? Should be a Binay Free Zone then.

          Can they include free wi-fi hotspots in the new building?

          @yvonne, do you think CJ Sereno would consider this, if an opportunity arises?

          Judge Judy Is The Highest-Paid Celebrity On TV With $US47 Million
          http://www.businessinsider.com.au/judge-judy-earns-47-million-2013-8

        • @Mel

          And let us not forget that the national budget is just one source. The Supreme Court takes in significant income from other sources like the JDF, and each of the justices have various allocations, like the intelligence fund and discretionary fund, that are at the sole discretion of the Chief Justice and are not subject to COA audits. Hence, the CJ exercises strong “persuasive” power over the associate justices.

          Sometime ago, a couple of bills were introduced, House Bill Nos. 4738 & 4690, calling for the abolition of JDF. Care to guess what happened to those house bills which the Supreme Court strongly opposed?

    • I think the real reason the Arroyo 8 granted Enrile’s bail based on humanitarian reason which he didn’t even ask for is because the intended recipient is GMA. Enrile was just the perfect recipient for it since it satisfies personal debts and makes it seem fair since he spearheaded the Corona impeachment. My head hurts just thinking about why but maybe the answer is plain and simple. These 8 justices are just plain corrupt.

        • Good question since CJ Sereno I’m sure knows what’s going on in her backyard but just don’t have enough numbers to contain the Arroyo 8.

    • Because PNoy and many other present officials will eventually benefit from this precedent, that’s why.

    • JPE’s criticizing the Binay inestigation as well as his pronouncements that Mar Roxas was a frequent visitor (3x) when detained just belie the assumption that he is out for redemption.

      He slso said that his detention was a slice of heaven for him so why the haste in going out?

  5. It really makes your blood boil to read Justice Bersamin’s attempt to wiggle out of his mea culpa.Let us examine Bersamin’s own words and see what makes the man.

    “I saw this as a move [by Leonen] to delay the vote. It was in exasperation more than anything else that I said I would revert to the original version, and that the case should now be put to a vote. Much discussions followed. Then the vote was taken,” Bersamin recounted.

    Wow – what is the hurry? The SC must deliberate fully as they are creating a long lasting precedent. Was the granting of bail to JPE who said his hospital confinement is heaven more important than the potential impact to the perception of injustice the ruling would cause? Was it crucial, life-saving act of compassion to JPE who, despite Bersamin’s description of frail health was raging as a bull to report to work the day he was released?

    Bersamin’s intention was to short-circuit the process in order to grant JPE bail, plain and simple.

    He said the majority was “well aware” that what was to be voted on was the pruned-down version simply because there was no demand from any of them to still first see the original version; while on the part of those who voted against, NONE, INCLUDING JUSTICE LEONEN, DEMANDED TO FIRST SEE AGAIN THE OLDER VERSION BEFORE VOTING.

    What kind of logic is this? What is the big deal about Leonen and other dissenting justices not wanting or asking for the older version? They already knew it. It wasn’t unknown to them. The issue is he used a “bait and switch” tactic, obfuscated the language to make it quasi legal and humanitarian – with the final draft “to follow later” after the vote, then just used humanitarian for popular appeal when the ruling is published.

  6. This tune’s initial phrase keeps running through my head, maybe somebody can provide lyrics to complete the song?

    ♪ ♫ Bersamin, Bersamin mucho ♫

    • Bersamin bersamin mucho
      As if your kind of decision
      Is the very first time

      Bersamin bersamin mucho
      Because I fear you will do it again
      Anytime

    • ♪ ♫ Embrace me, embrace me more
      Senator for I fear
      I will lose you today
      Coz I will send you home
      Frail and sickly as you are
      As Doctor testifies you are

      ♪ ♫ Embrace me, embrace me more
      Senator for I fear much more
      That when we let you go
      You will report to the Senate
      Healthy as a bull
      And embarrass as all —
      The Arroyo 8 Justices ♫

    • . . . to completion,

      ‘como si fuera esta leonenoche
      la ultima vez.

      Bérsamin,
      bérsamin mucho —
      que tengo miedo a per-duterte,
      perde de quartro huezes despues. –

      Biro escribierte muy es pianza jpe
      multar me en tus otsos
      vente puntos contra leonenoche.
      Fianza que tal vez apurada mañana
      yo jpeya estaré humanitos ley
      muy reclamos de revisti petisione.

      Bérsamin,
      bérsamin otso —
      que escribo multo a perderte,
      perdisyon quatro huezes. —
      Que desisisyon miedyo ala jpe e, —
      ala swerte fortunate de jpe és. — — —

      :-)

    • ♫ Bersamin, Bersamin Mucho…♫
      Dahil sa boto nyong otso-otso
      Si Tanda ay naka-eskapo’
      Hustisiya nagka loko-loko
      Pero bulsa nyo ngayon ay paldo-paldo
      Pera nyo ay mucho mucho,
      MGA WALAGNHIYA KAYO!! ♫ ♫

    • Whoa, I never thought the CPMers would have such songsmith talents. If I laugh out loud will I be hauled to court or anything?

        • I say, revoke and withdraw enrile’s bail. put him back under hospital arrest, but since he is well and good and apparently capable of doing anything a senator can do, jail best suit him.

          revoke his bail, it was granted under false pretenses.

        • agree.

          he can pay for his hospital costs, or donate for the maintenance and upkeep of his jail room/ward.

        • Agree too. For humanitarian reason, enrile should be incarcerated in Taguig City jail to be with gigi

        • How ironic! Mukhang si leonen pa ang gustong ipa-impeach ni Besame for criticizing his and the 7 dwarfs’ decision.

        • Of course @LEONEN at least must be suspended . NOT EVEN JUST. TEEHANKEE , during the PRIME TIME of MARCOS and CJ CONCEPCION , accused a fellow justices of ” MALI o IBA ang NAPIRMAHANG RESOLUTION” meaning sinadyang katangahan …. in THEIR /HIS dissemting opinion….natalo ka sa botohan . LEONEN as a distinguished LAW DEAN could have attacked the majority votes of the JUSTICES , intrisically but of the same avenue not on an extrinsic manner atacking the CHARACTER of LEONENs ” PANYERONG JUSTICES ” on how they voted that Enrile’s BAIL issue…

          Noong si RAUL GONZALES ay may evidence pa sya na PINIRMAHAN ni JUSTICE FERNAN to go slow in a certain case ,,, ano ang nangyari sa kanya , kahit totoo ang sinabi nya at isinumite nya sa SC at ilinathala sa SC at sa media,,, DIS BAR si GONZALEZ……

          LP yata si FERNAN kung hindi ako nagkakamali noon… Pinabayaan nga ng media prople at mga writers ng kagaya natin….DAHIL pag kakampi ng isang manunulat ang nasa ISSUE ,, wala lang , pag KALABAN sa politika,, ikulung iyan , hanggang kung ano man ang mangyari sa kanya , ganyan kayo…. JUSTICE and FAIRNESS….. Idagdag natin lahat na GRAFTERs na taga ROXAS at LP FRIENDS ni PNOY at kahit FIRING SQUAD silang lahat kasama si BINAY and GLORYA , para maniwala kami sa inyo…

    • one week delay?

      Aha! I know. So Bersamin Mucho can say to

      Leonen ‘Ipis be with you!’ ‘Shame ipis to you ‘amin.’

      :-)

  8. Of Justice, Justiis, and Justwist…

    When we talk about justice, we have different understanding about it. Most of us are guilty of looking at it in a personal way that we consider it as such if the situation is beneficial to us and view the opposite, injustice, as putting harm on us personally.

    The Greeks had been seeking the true meaning of Justice. Cephalus viewed justice as having a right conduct, which I view as a common sense definition but a difficult one to achieve for we are humans and we are bound to err. Polemarchus viewed it as fairness of doing good to friends and harm to enemies, which I think Aquino’s Daang Matuwid is anchored on Polemarchus view.

    Justice, for Plato, is a sort of specialization. Justice is, for Plato, at once a part of human virtue and the bond, which joins man together in society. I agree with this view for this is the anchor of the harmony in the Republic and is timeless and self-evident.

    When the infamous Hoodlum in Robes twisted the intent of our laws, they are not in harmony with our society and injustice reigns. They were so callous and thumbing their noses to our collective common sense. Their invented humanitarian reason for granting bail to Enrile for he is old, frail and exaggerate his debilitating medical conditions was debunked even before the signature’s ink was dry on their ponencia, for Enrile suddenly cried miracle for his regained strength and health when he announced he is raring to go back to the Senate to fulfill his duty as a Senator, and went he did! In civilized countries where integrity is still a currency, these Hoodlums in Robes would tender their resignation as penance for their betrayal. But in this benighted land of ours, they dig in and even sharpen their swords to battle the people they sworn to serve.

    The enemies of the state and of the Filipino people aligned themselves with their co-criminals and unleash a media blast to justify Enrile’s temporary freedom, for they themselves will be the beneficiaries of this despicable precedent that the Hoodlum in Robes invented for the sake of their patrons of plunderers. They say that we need to accept the fact that the majority of the SC Justices voted, thus became the jurisprudence, and rendered justice however unpopular. I disagree with their twisting for the Hoodlum in Robes ruled for the reason of politics and not to render justice. Their tyranny of numbers prevailed! Enrile is indeed popular to them and justice is damned! Nick Wasicsko, a character from the TV Mini-Series Show Me a Hero, uttered the famous line, “Justice isn’t about popularity. Politics is.”, when applied to the tyranny of numbers in SC is classic example of impunity!

    We have limited options: We could rise up and render our mob justice to Enrile and his 8 lawyer SC Justices; We continue our peaceful protest through social media until we acquire carpal tunnel syndrome; We wait patiently by for justice to come through “justiis” and let the Grim Reaper collects Enrile’s evil soul and deliver it to Satan.
    As reality sets in, the first option is not promising for there is a Clusterfuck of scandals and incompetence in Aquino’s administration that divide our attention and rob us of the momentum to annihilate our enemies, the second one the most effective one but might have mixed results, while the last one is the unavoidable one for death is indeed a great equalizer!

    We should rejoice when the day comes that the enemies of the people are collected by the Grim Reaper! Enrile won’t make it within a decade, Arroyo too. Erap with his lifestyle might even be collected sooner, while Binay’s illness and pending cases will contribute to hasten his expiry date in this world. Sooner or later, they have to pay and death eventually renders justice in the end!

    Parekoy
    08-25-2015

    • raring for the collector’s action, i do! @parekoy
      i’m just worried, might be too late the grass!
      well, i hope not.

    • parekoy, although he may have enrile in sight, the grim reaper is not in a hurry to visit enrile. a decade on earth is a long time for enrile to subject people to his whims, but a decade it is. except that people are waking up to his antics and keeping close eye on him, we have him in sight too. and thank the lord, marvic leonen did not keep quiet and accept burst semen’s ruling as end and all be all.

      leonen stood up and was counted and as a result, nagaalburuto si bersamin ngayon, dapat daw privacy and confidentially be observed, their deliberations kept private. leonen took exception to the rule though.

      confidentiality and privacy, lot of bullies thrive behind confidentiality and privacy, but once victims stood up and expose the bullies, bullies are loudest in crying foul.

  10. WAR OF SC JUSTICES: BERSAMIN FILES COMPLAINT VS LEONEN (Rappler updated 10:49pm 8/24/15)

    “Supreme Court Justice Lucas Bersamin, who penned the decision granting bail to Senator Juan Ponce Enrile, files a complaint against one of the 4 dissenters, Justice Marvic Leonen, for alleged “gross distortion” in his widely publicized dissenting opinion that “not only put me in bad light” but also “impugned the integrity of the seven members of the court” who voted with the majority ruling.

    Bersamin also accused Leonen of “Unprecedented invasion of the autonomy of the Majority in arriving at its Main Opinion.

    Bersamin asked that the SC en banc, which is scheduled to meet Tuesday, August 25, tackle his complaint.”

    Place your bets, guys. The odds is 10-1 in favor of the complainant

    • In De La Rama case the SC in 1946 ruled:

      ” in several cases, among them, the cases against Pio Duran (case No. 3324) and Benigno Aquino (case No. 3527), in which the said defendants were released on bail on the ground that they were ill and their continued confinement in New Bilibid Prison would be injurious to their health or endanger their life;”

      “Therefore, the order of the People’s Court denying the petition for bail is set aside, and said court is hereby ordered to render within a reasonable time a new decision in conformity with the said doctrine applied by the same court in the cases above mentioned. So ordered.”

      Applied to Enrile, his continuous confinement in JAIL must be injurious to his health or endanger his life” before being considered for release on bail. But Enrile was confined in the hospital – NOT in jail.

      In Enrile case the SC directly ordered the release of Enrile without remanding to the Sandiganbayan the determination of facts whether his confinement in hospital would be “injurious to his health or endanger his life.” Indeed, the present SC deviated from the De La Rama case in such aspect.

      Precisely, Justice Leonen wanted the Sandiganbayan to qualify first the “expert witnesses” and then examine them to determine the pertinent facts relative to Enrile’s confinement in the hospital. And after ascertainment of material facts the SB could now make a decision for the possible release of Enrile on bail based on the doctrine of “health injury and life endangerment.”

      Sadly, the ARROYO 8 defied the De Rama doctrine they themselves put into our consciousness. After trashing the Constitution, Rules of Court and jurisprudence, the ARROYO 8 directly ordered the release of Enrile on bail.

      • What is even disturbing if not ironic is that as per Leonen, J the petition was not even grounded on humanitarian or health reason but mainly on the legal point “that bail was a matter of right based on judicial notice and the judicial declaration of the existence of two mitigating circumstances”. Was there an attempt to obfuscate the two issues, or get the vote first and then apply the rationale behind vote?

        Given the majority had previously granted JPE’s motion for the Bill of Particulars, it makes one wonder why did they not apply the same rule to themselves so they know what they are voting for?

      • Thank you @Rene-Ipil for that explanation. You are indeed the resident counselor of this part of town.

    • Seems as if you are comparing eggs with bacon.
      Enrile is well enough to go to work so is therefore not sick and a long, long way from death’s door.
      Without the full details of the case to review this one plea seems pointless.
      Please don’t post additional details for my benefit.

      • @Ancient one, i was not comparing eggs with bacon.i was asking for the opinion of the great lawyers of this Plaza because it seems that those who agree with the 8 justices cite that De La Rama decision to justify the “great escape” of Manong Enrile from detention.

        • Oops. A case of he who acts in haste. Rene dotted the “i”s and crossed the “t”s as usual.

        • In mitigation, I cannot find mention of plunder in the piece you posted nor understand with what the individual was charged.

    • Rejtatel, in addition to Rene-Ipils reply, it’s twisting in circles to say – the SC granted JPE bail on humantarian grounds.

      What the SC 8 actually muscled out was – “the Court is guided by the earlier mentioned principal purpose of bail, which is to guarantee the appearance of the accused at the trial, or whenever so required by the court. ” See on Page 12, last Paragraph, Decision.

      – guarantee the appearance of JPE at the trial. Then It said about – “the Universal Declaration of Human Rights” – same Page.

      The Universal Declaration of Human Rights – informs -“uphold the fundamental human rights as well as value the worth and dignity of every person. This commitment is enshrined in Section II, Article II of our Constitution which provides: “The State values the dignity of every human person and guarantees full respect for human rights.” What is the relevancy of this quoted portion by the SC?

      I take it as nothing at all on the JPE bail case. The quotation is vague.

      Now, the majority SC decision is proven wrong – JPE is back at the Senate working. What is about ‘…value the worth and dignity of every person’ re JPE’s case? What is the relevancy to JPE’s dignity as an accused? I do not see the twist of this quotation.

      JPE is back at work. SC decision proven wrong on the bail grant as JPE is not sick anymore if this sickness was the main point to review the SB decision denying his bail. Lurking pretexes of ‘quotations’ from inapplicable legal sources more like it was created.

      But it is clearly seen anyway. In short, JPE’s bail grant was premature. Much ahead of what the SB as trial court could have determined during trial proper.

  12. http://opinion.inquirer.net/87872/would-you-grant-bail-if-it-was-not-enrile a column by oscar franklin tan, i humbly submit, seems to make us, the critics, the issue.
    the issue should be the supreme court and the question should be “would the supreme court have granted bail if it was not enrile?. the same can be said about the letter from the priest-dean of san beda law school which makes a mockery of the admonition to treat people equally and not to discriminate. the mind can indeed be harnessed to rationalize twist anything.

    • Never in the history of mankind have so many distinguished people tried to define new realities for the rest of us to subscribe to. Here’s the antidote. (1) take the time to get the best information available, (2) digest carefully, (3) form a personal conclusion. I’ve done that and conclude that the Arroyo 8 have abandoned judicial ethics, got caught, and will be busy covering their tracks for awhile.

      • what we were dealt at the Supreme Court is

        TYRANNY OF NUMBERS.

        Never in our country’s history is this “rule of majority” more defined than this SC ruling for Enrile. And now that he is back to work, what says you (dis)Honorable Justices???

        • we have been conned, we have been scammed, sabi ng arroyo 8, crying on the outside, but laughing on the inside. that’s what they got for making hasty decision that not only put the supreme court in bad light, its integrity is also questioned.

          bailed on humanitarian ground because they thought enrile was sick, looked sick, chose to believe enrile was sick. the arroyo 8 ignored the health report that said enrile is doing fine, and so, once out in the boonducks, enrile showed just how fine he i: itching to go back to work and not a moment sooner. shame on you, arroyo 8, your humanitarian ground is unfounded.

        • I think Justice Bursimin’s ire toward Justice Leonen reflects a kind of impunity, and he cites the numbers 8 to 4 in such a way as to say that he is aghast that anyone would object. Because of the numbers. He totally misses the point, or is diverting it, or is desperate to climb out of the hole he has indelicately climbed down into. But, no question, he seems to believe the entitled, of which he is one, deserve to be catered to.

        • Joe, I do not mean to trivialize your thoughtful comment but trying to elicit some smile from the frown — less strenuous muscle use in the former — due to the recent dengue bout:

          bursimin = burse I mean. Hahaha!

      • In this instance it is not the law which is an ass but the lawyers.
        The problem with politicians and Supreme Court judges is that before they held office they were only common joes like you and I. A fact that slips the mind of many whilst sitting in their lofty perches.
        Unlike Noynoy they forget that the people are their bosses.
        I have to say that I am enjoying the Arroyo 8 soap opera.

        • Yes, that. And like you I am enjoying the discomfort or part of the opera, if you will, of the Arroyo 8 Justices, especially Enrile’s Knight in Shining Armor — Bersamin. It has partly rewarded the efforts of CPM and similar Blogs.

          The Arroyo 8 is “manhid” to the justice that the majority of the people deserve. In fact, they prostituted the very Constitution and Rule of Law they swore to uphold. Shame on you Bersamin and your 7 cohorts.

        • Whilst reading this and recollecting that JPE is reputed to take human growth hormone I was reminded of a nursery rhyme,

          Jack be nimble
          Jack be quick
          Jack jump over the Supreme Court stick.

      • @JOEAM…it was J LEONON who abandoned JUDICIAL EHTICs by saying ” They signed the PONENCIA without knowing the version they were signing ” . LEONEN was accusing the 8 SCJ of WHAT? Kumo natalo sila sa botohan , ganoon ang isusulat mo sa dissenting opinion mo? TAMA ba iyon? Was LEONEN making pa EPAL kay PNOY? ADVANCE AGE for all reasons are of HUMANITARIAN PURPOSES…. Alam mo iyan , alam ng karamihan iyan at mas lalong alam ni LEONEN iyan…

        • J. Leonen did not say that. He said: “During the oral arguments on the Torre de Manila case or at about 3:00 p.m., the ponente passed around a final copy of the majority opinion which was not the version voted upon during the morning’s deliberation. Rather, the copy offered for signature was substantially the August 14, 2015 circulated version granting bail on humanitarian grounds.”

          Peace Manoy Victin Poe, err @Victinluz

        • He he it’s alright @rejatel i am really for POE then DUTERTE if possible… But not to Roxas..

          SEE MY COMMENT at same page 59.1.2 — about ADVANCE AGE in relation to HUMANITARIAN PURPOSES/REASONs

    • “Would the Supreme Court have granted bail If it was not Enrile?”

      Exactly.

      Extending that question to the creation of a new rule, as Tan wites in his piece:

      “Justice Lucas Bersamin’s majority opinion conceded that Leonen stated the correct rule. However, it created a new rule where a court may grant bail out of humanitarian considerations, in this case because Enrile is 92 years old and is suffering from various ailments.”

      Would the Supreme Court have created a new rule if it was not Enrile?

      • If there was in fact a “bait and switch” that occurred, none of the 7 concurring votes will admit that they had been duped. What is clear is that the SC will never be the same again.

        As the principal protector of the people and defender of the constitution, the President must call on the SC Justices to resign en masse. Re-constituting the chamber is similar to providing a fresh start, a new mandate, a new beginning.

        This is the only way.

        • The appropriate remedy to find out if ‘a bait and switch’ was done that the 7ofthe Otso 8 were not aware of the ‘switch and bait’ as shown by Luke, J.’s complaint now vs. Leonen, J.,

          is for the prosecs to file a motion for reconsideration or clarification, or BOTH. The truth of the switch maybe possibly reversed. But what happens to the bail of JPE who is now attending the Senate?

          Well, a NEW NUMBER of majority voting can revoke the bail grant and require JPE rather to submit for hospital cure as to his sickness etc. Then order him back to continue staying at the PNP hospital or any other hospital BUT NO BAIL. The issue of bail belongs to the SB court in due time.

          Who is the queen terminate at/for the SC? Anays are eating away the flesh of the Institution to the bones.

        • Yes a Motion to Reopen and Reconsider based on new facts must be filed. But the problem is that the JPE plea was not grounded on humanitarian consideration. I bet he would claim that he was not party to what the Arroyo 8 did so why should he be penalized?

          I don’t know how else can the SC recover from this scandal. I really think the Pnoy should call on them to submit themselves to scrutiny and have a fresh start.

        • jpe is raring to work back in the senate.
          and his pleading? is for deteriorating health and old age,
          seems not logical.
          he’s a topnotch lawyer.
          what exactly was the grant based on?

        • Estelito did not ask for it for sure. The poker player Bersamin said it is a blend of humanitarian and legal “and will let you know after the vote is out”.