The Sandiganbayan Third Division denied Ramon “Bong” Revilla Jr.'s request for furlough, or a temporary leave from detention, to attend his late brother’s wake.

In a resolution promulgated on June 26, the anti-graft court commiserated with the former senator’s loss, but asserted that there is “no law or rule that grants an accused the right to a furlough.”

“Any temporary release from such custody constitutes an exception rather than the rule and must therefore be justified by clear and compelling reasons,” the Sandiganbayan said.

The court found that the basis of Revilla’s request is not an emergency or compelling case that justifies an exception to the rules imposed upon a detainee.

“The situation presented by accused Revilla could not be considered an emergency or a compelling circumstance that warrants an exception to the general rules imposed on a detained accused,” it said.

While the Supreme Court considers emergency cases and other compelling pleas, guided by authorities involved and the court’s judgement, the Sandiganbayan argued it must also take into account a number of factors, namely, the nature of Revilla’s specific case, the flight risk, the adequacy of escort arrangements, as well as the general interest of justice.

“While the loss of a sibling is a distinct tragedy, the justification presented by the accused Revilla does not rise to the level of an exceptional ground required to override the court’s primary duty of maintaining secure custody over the accused, particularly considering the seriousness of the charges against him,” the court said, adding that the furlough would “strain” the Bureau of Jail Management and Penology’s (BJMP) security capabilities.

The Sandiganbayan said Revilla may express his condolences and indirectly participate in the family’s mourning through alternative means.

Previously, the Supreme Court, in both the cases of People v. Jalosjos and Trillanes v. Pimentel, Sr. denied the petitioners’ request for temporary leaves to attend sessions in the Congress, noting that permitting these non-emergency leaves would “virtually make him a free man.”

Revilla surrendered to the Philippine National Police (PNP) on January 19 after an arrest warrant was issued against him for malversation of public funds through the falsification of public documents. The politician arrived at Camp Crame at past 9:00 p.m. on the said date.