Due to his failing health at 85 years old, former Presidential Commission on Good Government (PCGG) Chairman Camilo L. Sabio has been allowed by the Supreme Court (SC) to post bail on a graft case for which the Sandiganbayan sentenced him to a prison term ranging from six to 10 years.
Sabio’s plea was granted by the SC in a resolution dated last Dec. 7 and made public today, Dec. 20.
His graft case arose from his alleged attempt to influence his younger brother, then Court of Appeals Associate Justice Jose L. Sabio Jr., to rule in favor of the Government Service Insurance System in a case against the Manila Electric Company.
He moved to reconsider the Sandiganbayan’s judgment of conviction for which he was ordered arrested but the anti-graft court denied his motion in 2020 with a ruling that it was belatedly filed.
However, in another resolution the Sandiganbayan allowed Sabio’s confinement in a hospital until he is medically cleared to serve his jail sentence.
He elevated the case to the SC which granted his pleas. On the plea to post bail, the SC said:
“Petitioner (Sabio) is eighty-five (85) years old and had a stroke. He has been wheelchair bound for years already. Lately, he was diagnosed with community-acquired pneumonia and hypertension.
“Notably, under Resolution dated Sept. 14, 2020, the Sandiganbayan granted his request for hospital confinement until he is medically cleared to serve his sentence. We grant petitioner's prayer for bail.
“Here, petitioner, all eighty-five (85) years of age is in his twilight and illness laden years. The People itself has not refuted his serious medical condition.
“There is no indication that he is a flight risk for he is no longer even ambulatory. Nor does he pose a danger of being a repeat offender since he had long ceased to be in government service. His continuous incarceration will not do any good to his already failing health, let alone, to society in general.”
On the filing of the motion for reconsideration before the Sandiganbayan, the SC said:
“Here, records show that petitioner was actually furnished a copy of the decision only on Dec. 19, 2019 and not during the promulgation day itself on Nov. 29, 2019. Consequently, petitioner had until Jan. 3, 2020 within which to file his motion for reconsideration which he did on Dec. 23, 2019 well within the fifteen (15)-day reglementary period.
“Verily, therefore, the Sandiganbayan gravely abused its discretion when it denied petitioner's motion for reconsideration for having been filed out of time. For the court should have reckoned the fifteen (15)-day period not from the promulgation of judgment on Nov. 29, 2019 but from petitioner's receipt of the decision on Dec. 19, 2019.
“To be sure, when petitioner filed his motion for reconsideration on Dec. 23, 2019, it was well within the reglementary period of fifteen (15) days. Consequently, there is a need to reinstate petitioner's motion for reconsideration and remand it to the Sandiganbayan for resolution.
“WHEREFORE, the Court GRANTS the Motion for Reconsideration dated Feb. 2, 2021, VACATES its Resolution dated Oct. 14, 2020, NULLIFIES the Resolutions dated Jan. 27, 2020, June 25, 2020, Aug. 10, 2020 and Sept. 14, 2020 of the Sandiganbayan in Criminal Case No. SB-16-CRM-1234, and REINSTATES and REMANDS petitioner's Motion for Reconsideration of the Decision dated Nov. 29, 2019 for resolution of the Sandiganbayan.
“FURTHER, petitioner Camilo Loyola Sabio is ordered PROVISIONALLY RELEASED upon posting a cash bond of Two Hundred Thousand Pesos (P200,000), unless he is being detained for other lawful cause. The Sandiganbayan is DIRECTED to submit its compliance to the Court within five (5) days from notice. The Clerk of Court is directed to furnish the Sandiganbayan and the Office of the Ombudsman a copy of this Resolution via personal service.”