Korean files motion for bail

CEBU, Philippines - The Korean national facing charges for kidnapping filed a manifestation and urgent motion for bail.

Song Sung Heum, who was accused of kidnapping a fellow Korean and the latter’s girlfriend, is seeking for temporary liberty.

Heum through counsel, Michael Maestrado, filed a four-page motion asking Regional Trial Court (RTC) Judge Ma. Lynna Adviento, of Branch 58, to grant his plea.

“The accused strongly maintains that he is innocent of the charge against him and that the evidence of the prosecution against him, if there is any and not fabricated, is very weak. Hence, he may be released on bail or on recognizance,” the pleading reads.

To support his objective, Heum cited jurisprudence in the case of People vs. Donato, G.R. No. L-11036 promulgated dated May 23, 1958.

“If the offense charged is punishable by death, reclusion perpetua, or life imprisonment, bail becomes a matter of discretion. It shall be denied if the evidence of guilt is strong. But once it is determined that the evidence of guilt is not strong, bail also becomes a matter of right,” the jurisprudence reads.

Under Section 8, Rule 114 of the Rules of Court, Heum said the burden of proof was in the hands of the prosecution. It was the duty of the prosecution to show that the evidence against him was strong.

Before the case was raffled to RTC Branch 58, Heum filed a motion to post bail seeking for his temporary release from detention to prepare his defenses.

However, 1st Executive Judge Soliver Peras of RTC, Cebu City, denied Heum’s motion for lack of merit.

Peras said Heum was charged with a non-bailable offense and the proper remedy was not a motion for temporary release but a petition for bail.

“The argument of Song’s counsel that the accused may post bail, pursuant to Sec. 17, Rule 114 of the Rules of Criminal Procedure is erroneous,” Peras ruled.

Jun Hyung Chung and his live-in partner Charisse Santiago, said that on October

24, 2012, they were kidnapped by the alleged Filipino cohorts of Heum, Gregorio Dealagon, Richard Dealagon and Leonardo Bolabon inside their apartment in Barangay Lahug, Cebu City.

Heum was reportedly the mastermind of the kidnapping.

In his counter-affidavit, Heum, 32, a Korean National, denied the allegation.

“I firmly deny the allegation that I am the mastermind of the alleged kidnapping of Jun Hyung Chung and Charisse Santiago,” he said.

“I do not know Gregorio, Richard and Bolabon, the 3 Filipinos who allegedly kidnapped Chung and Santiago. But the face of Richard Dealagon is familiar. I think I met him once when I came to Cebu before,” he added.

Heum said he only knew Chung, who used to be his friend and not Santiago.

He added that sometime in August 2012, he had an argument with Chung because the latter allegedly kept on asking money from him. He said Chung used to gamble in casinos and did not bother to pay his debts.

Heum alleged that Chung borrowed 35,000 Korean Won or close to P1.3 million from him.

He reiterated that he did not pay anybody to kidnap the said complainants. —/MIT (FREEMAN)