The Sandiganbayan Fifth Division denied the petition of Senator Jinggoy Estrada to have the ability to set bail for his case of plunder due to a lack of legal basis and the premature nature of the request.

In a resolution dated 24 July, the anti-graft court explained that instant motion filed by the camp of Estrada was submitted without the court primarily determining whether or not the senator should be granted the ability to seek such a remedy.

Citing Estrada’s previous case of plunder as a reference, the justices said that “provisional liberty” was only granted to the senator after the court conducted an evidentiary hearing on whether or not the evidence against him was strong.

“Here, accused Estrada attempts to bypass this indispensable constitutional requirement by asking the court to immediately fix the amount of bail without undergoing the mandated summary bail hearing,” the document read.

“The fixing of bail necessarily presupposes a prior determination that the accused is entitled to be admitted thereto,” it added.

The anti-graft court further sought to clarify that in cases wherein the punishment may result in reclusion perpetua, a hearing into the determination of bail was fundamental as there it could ultimately identify if bail was an option that could be afforded to the respondent.

While denying the motion to fix bail, the court stated that the decision does not prejudice the right of the senator to file for petition for bail at the appropriate time.

“Until accused Estrada files the appropriate application for bail and the court, after the requisite hearing, determines that evidence of guilt against him is not strong, there is no occasion for the court to fix the amount of bail,” the resolution stated.