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It may be recalled that the Supreme Court (SC) voted 8 to 4 on granting Senator Juan Ponce Enrile’s bail petition. Among the four SC Justices who opposed the granting of the petition is Associate Justice Marvic F. Leonen.
In the 29-page document containing his dissenting opinion released on Thu, Aug 21, Leonen disclosed that he was concerned that the SC’s decision granting Enrile’s petition for bail of may bring about the time of “selective justice” wherein the decision will not anymore be based on “legal provisions” but based on “human compassion.”
“Leonen said he feared that the decision would lead to many other similar requests or ‘motions to fix bail’ based on ‘humanitarian considerations,'” reports Perfecto T. Raymundo for Philippines News Agency.
The report noted: “Leonen added that taking into account the humanitarian consideration is also not included in the Rules of Court, any law passed by the Congress, and even the 1987 Constitution as basis for the granting of bail.”
In these instances, Leonen said, “the lower courts should decide whether the bail should be granted due to old age or ailment or whether such a privilege will only be granted to senators or former presidents accused of plunder and not to those accused of drug trafficking, multiple incestuous rape, serious illegal detention, and other crimes, all with a corresponding penalty of ‘reclusion perpetua’ or life imprisonment.”
Photo: Gov.ph
