"Prison break?!: Analyzing the grant of bail on special and humanitaria" by Patricia Nicole Y. Acido and Karen M. Delfin

Prison break?!: Analyzing the grant of bail on special and humanitarian grounds

Date of Publication

2018

Document Type

Master's Thesis

Degree Name

Juris Doctor

Subject Categories

Criminal Law

College

College of Law

Department/Unit

Law

Thesis Adviser

Renato M. Pambid

Defense Panel Chair

Milagros Isabel Cristobal

Defense Panel Member

Esteban Molon, Jr.
Vyva Victoria Aguirre

Abstract/Summary

The study examines the ruling of the Supreme Court in the August 2015 case of Enrile v. Sandiganbayan, wherein Senator Juan Ponce Enrile, who was being charged with plunder, a non-bailable offense, was granted bail on special and humanitarian grounds, specifically his political standing and ill health. The grant of bail was done through a Petition for Certiorari under Rule 65, without conducting a bail hearing, as provided for in the Rules of Court. The Supreme Court has previously granted bail in exceptional circumstances, but it does not adhere consistently to its own rules of procedure, which necessitate the conduct of a bail hearing. A lack of internationally binding and clear guidelines on what constitutes compelling humanitarian circumstances likewise leads to inconsistencies in granting bail on said grounds across different jurisdictions. Further, there is no Philippine law, nor international treaty, convention, or agreement which explicitly allows the grant of bail in non-bailable offenses on the ground of ill health and other alleged exceptional circumstances. However, considering that the Enrile case forms part of the law of the Philippines as it currently stands, the researchers recommend the adoption of policies and guidelines in the evaluation of bail applications on special and humanitarian considerations.

Abstract Format

html

Note

Undated; Publication/creation date supplied

Language

English

Format

Electronic

Accession Number

CDTG007459; TG07459

Shelf Location

Archives, The Learning Common's, 12F Henry Sy Sr. Hall

Keywords

Bail--Philippines; Humanitarian law--Philippines

Upload Full Text

wf_no

Embargo Period

11-13-2024

This document is currently not available here.

Share

COinS