THE Court of Appeals has upheld the orders of two Manila regional trial courts junking the motion for bail of online personality and independent senatorial candidate Francis Leo Marcos, who is accused of tricking six women into becoming sex workers abroad in 2006.
In a decision promulgated last February 11, the appellate court’s Special Fifth Division dismissed Marcos’s petition questioning the October 5, 2020 and December 14, 2020 orders of Manila RTC Branch 25 Judge Marlina Manuel and Branch 45 Judge Rainelda Estacio-Montesa.
The decision was penned by Associate Justice Apolinario Bruselas Jr., with Associate Justices Germano Francisco Legaspi and Bonifacio Pascua concurring.
Marcos, whose real name is Norman Mangusin, was accused of hiring the women to work as entertainers in Europe but they ended up as prostitutes in Istanbul, Turkey, and in Cyprus.
In its decision, the CA dismissed Marcos’ arguments that the courts do not have jurisdiction over the case as he was accused of recruiting the victims in Manila.
Marcos argued the prosecution failed to establish the elements of the crime for which he was charged.
But the CA rejected his claim, saying that in bail proceedings, “the prosecution is not required to provide proof beyond reasonable doubt,” and that what is needed at that stage is only evidentiary proof or presumption.
“In the particular case, we agree with the respondent Judges that the prosecution was able to establish by evident proof or presumption the presence of the elements of the crime of qualifies trafficking,” the CA said.
