Trillanes should be granted bail, says Drilon

Sen. Franklin M. Drilon, former Justice Secretary, today said that Sen. Antonio Trillanes IV is entitled to bail as the probability of evading prosecution is remote if not nil.

Drilon issued this statement as he cited the decision of the Supreme Court in the case of Justiniano Montano vs. Hon. Felicisimo Ocampo ( G.R. No. L-6352, Jan. 29, 1953; 49 O.G. 1855).

In the Montano case, the accused was charged with multiple murders, a capital offense, which did not entitle Montano to bail.

Drilon noted that in allowing bail, the Supreme Court ruled that "the probability of flight is one important factor to be taken into account."

The decision stated that "the sole purpose of confining accused in jail before conviction, xxx is to assure his presence at the trial. In other words, if denial of bail is authorized in capital cases, it is only on the theory that the proof being strong, the defendant would flee, if he has the opportunity, rather than face the verdict of the jury. Hence the exception to the fundamental right to be bailed should be applied in direct ratio to the extent of the probability of evasion of prosecution."

"The possibility of escape in this case, bearing in mind the defendant's official and social standing and his other personal circumstances, seems remote if not nil," it further said.

Drilon said that on the basis of the decision of the Supreme Court in the Montano case, Senator Trillanes can be granted bail as the possibility of escape appears remote, if not nil.

"Bail would allow Senator Trillanes to discharge his functions as a senator. The denial of the bail, which can prevent Senator Trillanes from discharging his functions, will frustrate the will and the mandate of the 11 million Filipinos who voted for him," Drilon said.