CA cancels bail of 6 guards in missing ‘sabungero’ case

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THE Court of Appeals (CA) has cancelled the bail of six accused in the missing “sabungero” case, saying the Manila trial court committed grave abuse of discretion in allowing their temporary release.

With the CA ruling, the National Prosecution Service (NPS) has asked the Manila court to issue an order rearresting the six accused.

In an 18-page ruling dated December 20, 2024, the appellate court granted the petition for certiorari filed by the prosecution questioning the ruling of the Manila Regional Trial Court Branch 40 allowing accused Julie Patidongan, Mark Carlo Zabala, Virgilio Bayog, Roberto Matillano Jr., Gleer Cedilla and Johnry Consolacion to post bail for their temporary liberty.

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Associate Justice Ruben Reynaldo Roxas and Jaime Fortunato Caringal concurred with the decision.

The six accused were charged with kidnapping and serious illegal detention in connection with the disappearance of cockfighters John Claude Inonog, Mark Joseph Velasco, Marlon and James Baccay, Rowel Gomez and Rondel Cristorum, who were last seen on January 13, 2022 at the Manila Arena, a cockfighting derby house.

The accused, who are all security personnel of the Manila Arena, were granted bail in December 2023 amounting to P500,000.

In granting the bail petition, the RTC held that the prosecution failed to provide strong evidence to establish the crime charged.

In particular, the lower court said the prosecution failed to show that the respondents detained the victims or in any manner deprived them of liberty.

But the CA, through Associate Justice Apolinario Bruselas Jr., held that there is strong evidence of the respondent’s guilt for the crime charged.

“Contrary to the trial court, there is strong evidence that the private respondents kidnapped or detained the victims, or in any manner deprived them of liberty,” it said.

It stressed that the Manila court “incorrectly held” that there was no deprivation of liberty just because the victims were seen leaving the Manila Arena with the respondents voluntarily, and that there was an absence of a scuffle or the use of deadly weapons during the incident.

“In the Court’s opinion, the fact that after the victims were made to board the van that they could no longer be traced and found even by police authorities, are strong factual evidence that show the victims were detained or kidnapped,” the appellate court said.

“The methodical yet highly irregular manner by which the victims were brought to the basement show the intent to deprive the victims of liberty,” it added.

The CA also said there is proof of conspiracy among the respondents and other personnel of Manila Arena, pointing out that “their actions coordinated with each other to ensure that the victims were deprived of their liberty.”

It also gave little weight to the recantation of one of the prosecution’s witnesses, saying that recantations are “exceedingly unreliable” and “can easily be obtained from witnesses through illegal means, such as intimidation or for monetary considerations, or unwarranted reasons.”

It likewise pointed out that the said prosecution witness did not actually withdrew his original statements but only recanted due to the stress and strain of being a witness under the Witness Protection Program.

Prosecutor General Richard Anthony Fadullon said they have asked the Manila court to issue warrants of arrest against the six.

“Yes. It was orally manifested in the hearing yesterday,” Fadullon said when asked if prosecutors have moved to rearrest the suspects.

As Prosecutor General, Fadullon is the overall chief of the NPS.

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