Former Senator Ramon “Bong” Revilla Jr. and others charged by the Sandiganbayan Third Division with a non-bailable malversation of public funds case may still have a chance to post bail, according to the National Bureau of Investigation (NBI).

NBI Spokesperson Palmer Mallari said the defendants’ lawyers maintain the option to file a motion for bail, subject to the strength of evidence gathered by the Department of Justice (DOJ), reported RH 15 Jecelle Ricafort on Tuesday.

However, the Sandiganbayan must consider the gravity of the evidence against them. If evidence of guilt proves weak, the court will then allow for bail.

“Puwede sila mag-file ng motion to post bail. Pero siyempre, ico-consider din ng korte kung matibay ba ang ebidensya or hindi. Now if the court finds that the evidence of guilt is not very strong, most probably the court would allow the setting up of a bail to for them to post bail—siyempre, subject to the appreciation of the court,” Mallari explained.

He said that lawyers may avail of a legal remedy wherein they may present proof contesting evidence against their client.

“Pag sinabi naman kasing ‘non-bailable,’ mayroon pong remedy na ina-avail ng abogado na makapag-present ng ebidensya to show that the evidence against their client is not very strong. If the court finds that there is merit on the motions to be filed by the lawyers, at naniwala ang korte, ang Sandiganbayan, na mahina nga, ia-allow. Pero kung nakita na matibay, there’s no reason to allow them to post bail, kasi, as it is, non-bailable ‘yung offense,” Mallari said.

A case was filed against Revilla in connection with a ₱92.8 million “ghost” or nonexistent flood control project in Pandi, Bulacan.