Theft suspects' lawyer questions DOJ circular

The hearing on the motion to bail of the eight former Cokaliong Shipping Lines Inc. employees who were charged with qualified theft was postponed yesterday as their legal counsel questioned the Department of Justice circular making the crime non-bailable.

In his motion, defense counsel Austreverto A. Navales said the 1987 Constitution is supreme than the DOJ circular which dated July 15.

Navales contended that the Constitution is clear that unless a person is charged with offense punishable by reclusion perpetua, a detained person is entitled to post bail.

"Qualified theft is undoubtedly a bailable offense. The evidence against the accused are not strong," Navales stated in his six-page motion.

Navales contradicted the recommendation of city prosecutor Dixon Fuentes that no bail should be granted to the accused.

Container yard manager Derosalio M. Abella, welders Giovanni R. Laput, Roel S. Melgar, Charlito G. Pepito, mechanics Agustin D. Duran, Jefrey Tampus, forklift operator Gaspar Antolihao and security guard Jofrey Nicor were charged on September 27 for allegedly stealing the company's scrap iron worth P207,360, two welding machines worth P12,000 each and welding cables worth P4,600.

They pleaded not guilty to the crime, contending that the accusation was baseless.

Earl Bonachita, counsel of complainant Giovannie P. Young, vice president for engineering and maintenance of Cokaliong, argued that the DOJ circular was not in conflict with the Constitution.

Bonachita said the circular was in accordance with Article 310 of the Revised Penal Code, which imposes a penalty of reclusion perpetua on qualified theft. - Mitchelle P. Calipayan