CASE DIGEST
People v. Napoles
G.R. No. 247611 (Resolution), [January 13,
2021]
SECOND, LOPEZ, M.V
Posting bail pending
appeal; conviction of capital offense (Plunder); provisional release on humanitarian
grounds
OCA Circular No. 91-2020 does not
mandate blanket release of Persons Deprived of Liberty (PDLs) due to the
pandemic but rather emphasizes the implementation of existing policies on bail
and speedy trial. Bail becomes a matter of judicial discretion post-conviction and must be
carefully weighed given the determination of guilt. In cases of capital
offenses, bail should typically be denied.
This is an Urgent Motion for
Recognizance/Bail or House Arrest for Humanitarian Reason Due to COVID-19 filed
by Janet Lim Napoles. The Sandiganbayan convicted Richard A. Cambe and Janet
Lim Napoles of Plunder relative to the utilization of Senator Ramon
"Bong" Revilla, Jr.'s Priority Development Assistance Fund (PDAF). In her Motion, Napoles alleges that she
is at risk of contracting COVID-19 inside the prison due to her Diabetes, an
underlying COVID-19 health condition. She is entitled to be provisionally released
on humanitarian grounds. She raises that the Nelson Mandela Rules, provide the
basis for the release of persons deprived of liberty (PDLs) in times of public
health emergencies.
Whether or not the Constitution and the
Rules of Court allow an accused to post bail pending the appeal of his, or her conviction
of a capital offense.
NO.
While the right to bail is linked to the fundamental presumption of innocence,
it is not absolute after conviction for such offenses. Bail becomes a matter of
judicial discretion post-conviction and must be carefully weighed given the
determination of guilt. In cases of capital offenses, bail should typically be
denied. In the case at hand, Napoles was convicted of Plunder by the lower
court, a capital offense, making her ineligible for bail pending appeal of her
conviction. Therefore, her motion for bail must be rejected.
Whether or not Napoles could be provisionally released on humanitarian
grounds due to the risk of contracting COVID-19.
NO. There
are no compelling reasons to justify granting provisional release on
humanitarian grounds for Napoles. Previous cases like De La Rama and Enrile,
where the Court considered special circumstances for bail, are exceptional and
isolated. Napoles' claim of being at risk of contracting COVID-19 due to
diabetes does not present a sufficient basis for release. OCA Circular No.
91-2020 does not mandate blanket release of Persons Deprived of Liberty (PDLs)
due to the pandemic but rather emphasizes the implementation of existing
policies on bail and speedy trial. Releasing an accused convicted of a capital
offense goes against constitutional and legal provisions.
Whether or not the Nelson Mandela Rules and the
international community's call for the temporary release of PDLs due to the
threats of COVID-19, provide sufficient basis to grant bail post-conviction.
NO. The
Nelson Mandela Rules, which set international standards for prisoner treatment,
do not justify granting bail post-conviction due to COVID-19. These rules
outline standards for prisoner healthcare but do not support release on bail
pending appeal of a capital offense conviction. Furthermore, the release of
prisoners in other countries due to COVID-19 is limited, especially for
high-risk inmates. Neither international rules nor global trends support
releasing convicted individuals pending appeal for capital offenses.
Additionally, Napoles is not entitled to release on recognizance, as it is only
available to those who qualify for bail but cannot afford it due to poverty, as
per RA No. 10389.
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