CEBU, Philippines - Oscar Abellana, the father of Osbert Abellana and the cousin of Winston Abellana's father, seemed to be confused in yesterday's hearing after he made statements different from his previous statements.
When questioned by lawyer George Bragat, the counsel of Joavan Fernandez, if he indeed saw Joavan running away from their house when he and four other policemen arrived in Joavan's house in Talisay City last August 11, Oscar told in open court that he had seen Joavan still in the crime scene when police arrived.
But Oscar earlier told the court in a hearing last March 23 that he had not seen Fernandez in his house when they arrived as the latter had fled before they could rescue Osbert and Winston, after the two were picked up by the suspects in the vulcanizing shop.
Oscar also told the court that he could hardly read and write as he had only completed the Grade-3 level.
When asked by the court whether he had read the medical certificate of his son, he said that all he had read in it was the word "serious".
"'Serious' ra man to akong nabasahan," he said.
But Bragat said that the word “serious” is nowhere found in the medical certificate of the Abellanas as shown in their records.
Regional Trial Court Branch 22 Judge Manuel Patalinghug is also set to rule on the petition to post bail filed by the camp of Joavan.
Patalinghug, in yesterday's hearing, said that his ruling will depend on the outcome of the presentation of evidence. Should the evidence be strong, there will be denial of the petition and if it is weak, the petition of the accused will be granted.
Joavan and his four companions are asking the court to be allowed to post bail, saying the evidence against them “is not strong”.
Bragat said the evidence marked during the preliminary conference is inherently weak and devoid of legal and factual bases.
Joavan together with Benedick Gabasa, Mark Perez, Teodoro Ligaray, and two other minors were charged with two counts of serious illegal detention for allegedly mauling and detaining cousins Oscar and Osbert Abellana last year.
Under the Bill of Rights of the 1987 Philippine Constitution, the accused can be denied the right of bail if there is strong evidence in charges that carry the penalty of reclusion perpetua or life sentence. – Jasmin R. Uy/MEEV (THE FREEMAN)