Documents - Page 4
With the detention of accused FPres. Estrada and Jinggoy Estrada in
The Court on June 9, 2001, issued a Resolution denying accused FPres. Estrada’s Urgent Ex-Parte Motion to Place on House Arrest and issued an Order for the confinement of accused FPres. Estrada and Jinggoy Estrada at
On March 17, 2004, FPres. Estrada filed a Motion to Modify Custodial Arrangement dated March 17, 2004 and, on March 30, 2004, the counsel de officio of accused FPres. Estrada filed a Manifestation dated March 29, 2004 informing the Court, among others, that the said accused was willing to have his property in Tanay, Rizal placed under the control and supervision of the Court and the Philippine National Police for the duration of his detention.
On July 12, 2004, the Court issued a joint resolution granting FPres. Estrada’s motion to modify Custodial Arrangement dated March 29, 2004 subject to the conditions imposed by the Court. Accused FPres. Estrada filed a Compliance and Acceptance of Conditions on July 13, 2004. Since then, accused FPres. Estrada has been detained in his property at Tanay, Rizal.
When the Court ordered the arrest and detention of the accused in these cases, accused Serapio filed his petition for bail on April 27, 2001. Accused Jinggoy Estrada’s petition for bail was included in his Very Urgent Omnibus Motion dated April 30, 2001.
Accused Serapio’s Petition for Bail was deferred indefinitely as prayed for by the said accused while, on August 14, 2001, accused Jinggoy Estrada filed an Urgent Second Motion for Bail for Medical Reasons dated August 16, 2001 which the prosecution opposed. On December 20, 2001, the Court issued its Resolution denying accused Jinggoy Estrada’s Urgent Second Motion for Bail for Medical Reasons.
Considering the denial of the said motion for bail for medical reasons, accused Jinggoy Estrada, on April 17, 2002, filed an Omnibus Application for Bail dated April 16, 2002. After hearing, the Court issued a Resolution on March 6, 2003 which granted accused Jinggoy Estrada’s Omnibus Application for Bail. The prosecution’s Motion for Reconsideration dated March 13, 2003 was denied in this Court’s Resolution dated April 30, 2003. The aforesaid Resolutions granting bail to Mayor Jinggoy Estrada were upheld by the Honorable Supreme Court in a Decision promulgated in G.R. No. 158754, People vs. Sandiganbayan (Special Division) and Jose “Jinggoy” Estrada (August 10, 2007).
As to accused Serapio, the Court’s Resolution dated September 12, 2003 also granted accused-movant Serapio’s Urgent Petition for Bail dated April 27, 2001. The Court fixed the amount of bail of accused Serapio and Jinggoy Estrada at Five Hundred Thousand Pesos (P500,000.00) each which was to paid in cash.
While the case was already in the trial stage, on January 4, 2002 the counsels for the accused Estradas wrote a letter to the Acting Presiding Justice requesting for a re-raffle of the cases against the accused, citing as grounds the continuing uncertain composition of the justices handling the cases against the accused Former President, et al., at that time. The prosecution filed its Opposition to Request for Re-Raffle On January 9, 2002 and its Comment/Suggestion on January 10, 2002 that a Special Third Division be constituted to be composed of the present Presiding Justice, the only remaining member of the Third Division to which the case was raffled, and two other Sandiganbayan Justices who are not retirables within the next three (3) years. Justice Anacleto Badoy, the Chairman of the Third Division, was due to retire on October 2002, while Justice Ilarde, the other member, retired on November 27, 2001. On January 11, 2002, the Sandiganbayan En Banc issued its Resolution 01-2002 recommending to the Supreme Court that the cases against accused FPres. Estrada, et al., be referred to a Special Division. The Supreme Court on January 21, 2002 promulgated its Resolution Creating the Special Division of the Sandiganbayan which shall hear, try and decide with dispatch the Plunder Case and all related cases filed or may hereafter be filed against accused FPres. Estrada, and those accused with him, until they are resolved, decided and terminated. In the Special Division of the Sandiganbayan, the Supreme Court retained, as Junior Member, the present Presiding Justice who was then the only remaining member of the Third Division to which the Plunder Case was raffled, and designated the then Presiding Justice Minita V. Chico-Nazario, as Chairperson, and Associate Justice Edilberto G. Sandoval as Senior Member. This was not the first time that a Special Division of the Sandiganbayan was constituted to try a case. A Special Division was previously constituted to try and decide the Aquino-Galman cases in that composition of the said Division was also maintained until the case was decided notwithstanding the subsequent changes in the composition of the Division due to promotions and/or retirement of its members.
