Enrile doctrine cited: Age, health reasons led to Imelda Marcos' bail grant

Ilocos Norte Representative Imelda Marcos obtained her temporary freedom from the Sandiganbayan due to her "advanced age" and for "health reasons," the same arguments used by the Supreme Court in granting the bail petition of former Senator Juan Ponce Enrile for his plunder and graft charges.

A copy of the three-page November 28 order of the Fifth Division cited the 2015 ruling of the high court on Enrile's case in connection with the pork barrel fund scam.

"Taking into account primarily the fact that she is of advanced age and for health reasons, consistent with the doctrine in Enrile vs Sandiganbayan, bail is allowed for these seven cases," the Sandiganbayan said.

The anti-graft court also said the prosecution was unable to prove the five conditions set under Section 5, Rule 114 of the Rules of Court which are grounds for the denial of Mrs. Marcos' right to post bail.

These conditions are: if an accused is a habitual delinquent, escaped from legal confinement, committed an offense while under probation, probability of flight, and undue risk of committing another crime.

“None of the afore-enumerated circumstances were effectively shown to prohibit Ms Marcos’ availing of post conviction bail," the Sandiganbayan said.

A statement from the Fifth Division last week said the Associate Justices Rafael Lagos, Maria Theresa Mendoza-Arcega, and Maryan Corpus-Manalac allowed Mrs. Marcos to avail of post-conviction remedies.

Mrs. Marcos was permitted to post bail in the amount of P300,000, or double the amount of her original bond of P150,000.

"For these cases, her bail is fixed at double the amount of her original bonds, which must be posted in cash together with her filing of any remedial pleading," the order read.

The anti-graft court also noted that the Rules of Court "allow an accused to continue enjoying provisional liberty during the pendency of an appeal or a motion for reconsideration."

To challenge her conviction, the widow of the late President Ferdinand Marcos can either file a motion for reconsideration with the Sandiganbayan or a notice of appeal informing the anti-graft court of her intention to bring the case before the Supreme Court.

The Sandiganbayan gave Mrs. Marcos 15 days to avail of post-conviction remedies, although she has already filed a notice of appeal on November 27 requesting the Sandiganbayan to provide the SC records of her graft case.

It had called the appeal premature since there is no ruling yet on the request of Mrs. Marcos for remedies.

Mrs. Marcos was found guilty of seven counts of graft for creating and managing foundations in Switzerland that earned interest for the benefit of her family. She was sentenced to six to 11 years imprisonment for each count.

The crime took place during her term as Minister of Human Settlements, Metro Manila Governor, and interim member of Congress from 1978 to 1984.

The Sandiganbayan allowed Mrs. Marcos, who skipped her promulgation, to post bail in the sum of P150,000 on November 16 pending resolution of her motion seeking post-conviction remedies. —LDF, GMA News