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Enrile cites bad health in asking Sandiganbayan to grant him bail


(Updated 4:15 p.m.) Citing his old age and deteriorating health, Senate Minority Leader Juan Ponce Enrile on Friday asked the Sandiganbayan to allow him to post bail if ever the justices find probable cause on the cases filed against him in connection with the pork barrel scam.

In a 53-page urgent omnibus motion, Enrile asked the court to dismiss the case filed against him for lack of evidence on record to establish probable cause.
 
“After due proceedings, (the court should) issue an order finding no probable cause for the issuance of a warrant of arrest against Enrile, and eventually dismissing the case against him,” the senator said.
 
Sandiganbayan justices have 10 days to determine the probable cause of the case and issue a warrant of arrest.
 
Enrile said in case of a positive finding of probable cause against him, the court should issue an order allowing him to post bail and setting the amount “before the determination of whether evidence of guilt is strong, pending  determination of whether evidence of guilt is strong, and after the said determination, if and in the remote possibility that, it is determined that the evidence of his guilt is strong.”

Enrile insisted that he was not guilty of the charges as his participation “[was] merely to recommend the projects to be funded under the PDAF (Priority Development Assistance Fund) appropriation.”

Enrile, a veteran politician, is facing plunder and graft charges for allegedly receiving kickbacks by funneling his PDAF allocations through bogus non-government organizations. Plunder is a non-bailable offense, but the accused could seek recourse if the prosecution failed to present a compelling evidence.

Enrile, in his motion, asked the court, which has yet to issue an arrest warrant, to allow him to post bail even if the evidence against him was strong, noting that the “probability of evading prosecution [was] unlikely.”

The move was in contrast to Enrile's earlier statement to the media that he was "prepared" to be jailed.

"I’m prepared. Even if I’ll die in my cell, it’s okay. At my age, I’ve gone through life already," the 90-year-old Enrile said last June 10.

Enrile, Senator Jinggoy Estrada and Senator Ramon Revilla Jr. are facing plunder and graft charges before the Sandiganbayan in connection with the multibillion-peso pork barrel scam. 

Also facing similar charges in connection with the fraud are alleged mastermind Janet Lim Napoles and Enrile's former chief of staff Jessica Lucila "Gigi" Reyes.

Estrada, Revilla and Reyes have filed separate motions seeking to stop the proceedings against them.

Age, health

Enrile said that he was entitled to the most reasonable amount of bail because there was sheer insufficiency of evidence against him. He added that he was already 90 years old, of poor physical condition and requires constant medical attention.

Enrile added that he had never violated the conditions of previous bails granted to him and he was not a flight risk, “and [would] surely appear before the  Sandiganbayan should the trial ensue.”

“Enrile’s official and social reputation and stature would make the probability of him not appearing during trial as very remote, if not close to zero. As such, Enrile should correspondingly be allowed to post bail at this time, regardless of evidence against him, in order for him to likewise continue discharging  his duties as a duly-elected senator,” the motion read.

Enrile attached in the motion his medical certificates issued by his doctors.
 
A medical certificate issued by Dr. Claver Ramos of Makati Medical Center dated May 6, 2014 stated that Enrile has diabetes mellitus, dyslipiddemia, essential hypertension, extensive coronary artery calcification in the right coronary, left anterior descending and left circumflex, multifocal ventricular premature beats, episodes of bradycardia, colonic diverticulosis, thoracic and lumbar spondylosis L4-L5, alpha thalassemia and macular degeneration, chronic lacunar ischemic zones, scattered small luminal plaques of proximal middle segments of basilar artery, both horizontal and insular opercular branches of middle cerebral arteries.
 
Enrile is taking 22 medications for his ailments.
 
“Because of the above, he needs frequent regular monitoring and check up,” the doctor stated.
 
Dr. Amadeo Veloso Jr., comprehensive ophthalmologist and retina specialist at the Asian Institute, in a medical certificate dated May 6, 2014, said Enrile has been his patient since 2002.
 
He said Enrile was diagnosed with age-related macular degeneration, neovascular (wet) type on both eyes.
 
“He (Enrile) needs to undergo regular ophthalmologic check up, monitoring and treatment for this sight threatening condition. Since 2008, he has been  receiving monthly intravitreal injections to maintain and preserve his vision,” Veloso said.
 
Another physician of Enrile, Dr. Clemente Gatmaitan, cardiologist at the Makati Medical Center, confirmed that the senator has chronic hypertension, elevated fasting blood sugar, status post lithotripsy for nephrolithiasis (2004), and mild anemia, probably nutritional.
 
He said he and Dr. Ramos last saw Enrile on April 14, 2014 for checkup as an out-patient. He prescribed five medicines for Enrile.

The Sandiganbayan docket section received the motion at 1:05 p.m., hours after the court raffled the cases against Enrile.

Enrile’s case was assigned to Third Division under Presiding Justice Amparo Cabotaje-Tang. —KBK/RSJ/NB/ELR, GMA News