The defense counsels presented city police director Melvin Gayotin to try to persuade Regional Trial Court Branch 5 judge Ireneo Gako Jr. to put Pajantoy under his custody.
Defense counsel Clarence Paul Oaminal told Gako that as a policeman Pajantoy "should not be mixed with criminals."
But Gako replied that "there are inmates put upstairs especially if they are policemen." Gako told the defense counsels that Pajantoy can't be put into police custody because his case is non-bailable "otherwise we circumvent the rule."
The prosecution panel was supposed to present National Bureau of Investigation medico-legal officer Gil Macato, who conducted the autopsy on the body of suspected snatcher Omar Patiño.
Since there was no other prosecution witness, the marathon hearing on Pajantoy's motion to post bail is scheduled today.
The prosecution is set to present eight witnesses, including eyewitness William Godinez, in this week's scheduled hearing.
Pajantoy is facing murder case over the killing of Patiño and reckless imprudence resulting to homicide for the death of fellow policeman, SPO3 Michael Sarcol, in July 2003.
Pajantoy actually spent a night at the city police stockade because he was not taken to the BBRC for lack of a medical certificate.
Yesterday, he was escorted to the Cebu City Medical Center for a medical check-up and later to the court for the hearing.
Gayotin said he told Pajantoy to never be afraid to face the case because he is not, after all, a hardcore criminal.