Enrile's former aide Gigi Reyes released from jail after almost 9 years | ABS-CBN
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Enrile's former aide Gigi Reyes released from jail after almost 9 years
Enrile's former aide Gigi Reyes released from jail after almost 9 years
ABS-CBN News
Published Jan 19, 2023 09:12 PM PHT
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Updated Jan 19, 2023 11:00 PM PHT
MANILA (UPDATE)— After being detained for almost nine years, lawyer Jessica Lucila “Gigi” Reyes, former chief-of-staff of ex-senator and now presidential legal counsel Juan Ponce Enrile, was released from jail Thursday, the Bureau of Jail Management and Penology said.
MANILA (UPDATE)— After being detained for almost nine years, lawyer Jessica Lucila “Gigi” Reyes, former chief-of-staff of ex-senator and now presidential legal counsel Juan Ponce Enrile, was released from jail Thursday, the Bureau of Jail Management and Penology said.
Reyes, who was tagged in the multibillion-peso pork barrel scam, was released from the Taguig City Jail Female Dormitory around 6:30 p.m. “by virtue of Petition for Habeas Corpus granted in resolution dated 17 January 2023” by the First Division of the Supreme Court of the Philippines.
Reyes, who was tagged in the multibillion-peso pork barrel scam, was released from the Taguig City Jail Female Dormitory around 6:30 p.m. “by virtue of Petition for Habeas Corpus granted in resolution dated 17 January 2023” by the First Division of the Supreme Court of the Philippines.
"May mga kondisyon po. Una, that Ms. Reyes shall personally attend the hearing. So, may mga hearing pa siyang a-attendan sa criminal cases filed sa kaniya before Sandiganbayan," Jail C/Insp. Jayrex Joseph Bustinera, in an interview on ABS-CBN TeleRadyo, said of the release of Reyes, citing the tribunal's decision.
"May mga kondisyon po. Una, that Ms. Reyes shall personally attend the hearing. So, may mga hearing pa siyang a-attendan sa criminal cases filed sa kaniya before Sandiganbayan," Jail C/Insp. Jayrex Joseph Bustinera, in an interview on ABS-CBN TeleRadyo, said of the release of Reyes, citing the tribunal's decision.
"Pangalawa, masgsa-submit ng quarterly periodic report to the Clerk of Court ng Sandiganbayan ng kaniyang whereabouts. No. 3, magsa-secure siya ng travel authority from Sandiganbayan in case siya ay magbabiyahe," he added.
"Pangalawa, masgsa-submit ng quarterly periodic report to the Clerk of Court ng Sandiganbayan ng kaniyang whereabouts. No. 3, magsa-secure siya ng travel authority from Sandiganbayan in case siya ay magbabiyahe," he added.
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The fourth condition is for Reyes to submit a quarterly report to the court regarding her compliance with all the conditions set.
The fourth condition is for Reyes to submit a quarterly report to the court regarding her compliance with all the conditions set.
In a 19-page resolution, the Supreme Court First Division said Reyes' confinement has "become oppressive thus infringing upon her right to liberty."
In a 19-page resolution, the Supreme Court First Division said Reyes' confinement has "become oppressive thus infringing upon her right to liberty."
While a writ of habeas corpus does not normally apply to someone under the custody of an officer under process by a court/judge, the SC First Division explained it may be provisionally availed of if custody becomes vexatious, capricious and oppressive.
While a writ of habeas corpus does not normally apply to someone under the custody of an officer under process by a court/judge, the SC First Division explained it may be provisionally availed of if custody becomes vexatious, capricious and oppressive.
The SC invoked constitutional and international law human rights treaties on right to speedy trial before laying down standards on grant of writ of habeas corpus on the ground of violation of that right.
The SC invoked constitutional and international law human rights treaties on right to speedy trial before laying down standards on grant of writ of habeas corpus on the ground of violation of that right.
Among the standards were the length of delay, reasons, assertion of right, and prejudice caused.
Among the standards were the length of delay, reasons, assertion of right, and prejudice caused.
"The grant of the writ of habeas corpus does not entail determination of the principal case. What is secured is merely the petitioner's provisional liberty due to vexatious, capricious, and oppressive delays in trial," the judiciary division said.
"The grant of the writ of habeas corpus does not entail determination of the principal case. What is secured is merely the petitioner's provisional liberty due to vexatious, capricious, and oppressive delays in trial," the judiciary division said.
The SC added that Reyes was able to prove her detention at the Taguig City Jail since July 9, 2014, and it had become an "undue restraint on her liberty" due to "peculiar protracted proceedings" such as wrong markings in prosecution's evidence, there was only one witness a day, and that the trial started only in March 2022.
The SC added that Reyes was able to prove her detention at the Taguig City Jail since July 9, 2014, and it had become an "undue restraint on her liberty" due to "peculiar protracted proceedings" such as wrong markings in prosecution's evidence, there was only one witness a day, and that the trial started only in March 2022.
While the high court acknowledged Reyes had also contributed to the delay, it found the prosecution has not been able to explain the prolonged proceedings. In contrast, Reyes was able to cite specific instances which would show no assurance the proceedings would be terminated.
While the high court acknowledged Reyes had also contributed to the delay, it found the prosecution has not been able to explain the prolonged proceedings. In contrast, Reyes was able to cite specific instances which would show no assurance the proceedings would be terminated.
The SC said Reyes raised violation of right to speedy trial as early as Jan 2017.
The SC said Reyes raised violation of right to speedy trial as early as Jan 2017.
"[N]ine years is far too long of a detention pending the resolution of a criminal case. If petitioner were to wait for a final judgment before seeking effective relief, then it might be too late," it said.
"[N]ine years is far too long of a detention pending the resolution of a criminal case. If petitioner were to wait for a final judgment before seeking effective relief, then it might be too late," it said.
In 2021, Reyes, through her lawyer Estelito Mendoza, filed a petition for habeas corpus before the Supreme Court invoking due process and her right to speedy trial.
In 2021, Reyes, through her lawyer Estelito Mendoza, filed a petition for habeas corpus before the Supreme Court invoking due process and her right to speedy trial.
She had been detained at the Taguig jail in Camp Bagong Diwa since her arrest on July 9, 2014.
She had been detained at the Taguig jail in Camp Bagong Diwa since her arrest on July 9, 2014.
Reyes and Enrile are facing plunder charges in connection with the pork barrel scam wherein the former senator is accused of allegedly receiving P172.8 million in kickbacks from “pork barrel queen” Janet Lim Napoles.
Reyes and Enrile are facing plunder charges in connection with the pork barrel scam wherein the former senator is accused of allegedly receiving P172.8 million in kickbacks from “pork barrel queen” Janet Lim Napoles.
The scheme involves the diversion of lawmakers' discretionary funds to bogus NGOs. The high court invalidated the Priority Development Assistance Fund system in 2013 when the racket was busted.
The scheme involves the diversion of lawmakers' discretionary funds to bogus NGOs. The high court invalidated the Priority Development Assistance Fund system in 2013 when the racket was busted.
Enrile was released on humanitarian grounds in 2015 despite facing non-bailable charges.
Enrile was released on humanitarian grounds in 2015 despite facing non-bailable charges.
- Reports from Johnson Manabat and Mike Navallo, ABS-CBN News
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- with report from Johnson Manabat, ABS-CBN News
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