Kidnapping for ransom RTC grants P100T bail for Korean, 3 cohorts

CEBU, Philippines - The Regional Trial Court has allowed a Korean and three Filipino cohorts accused of kidnapping for ransom to post bail on the ground that the evidence against them was weak.

RTC branch 58 Judge Ma. Lynna Adviento granted P100,000 bail each for Song Sung Heum, Leonardo Bulabon, Richard Dealagdon, and Gregorio Dealagdon.

 â€œFrom the totality of the evidence so far presented by the prosecution, the court is of the opinion that such evidence is not strong enough to convict the accused of the crime charged. They should, therefore, be allowed to post bail for their temporary liberty,” the order reads.

The accused earlier moved for the dismissal of the case citing the affidavit of desistance from the complainants, Jun Hyung Chung and his girlfriend Charise Santiago. But the court dismissed the motion saying that an affidavit of desistance is not a ground for dismissal.

“If a private crime, which cannot be prosecuted without the complaint of the offended party, cannot be dismissed based on an affidavit of desistance by the offended party, with more reason that the instant case, a public crime, cannot be dismissed by an affidavit of desistance executed by the private complainants after the institution of the action,” read an earlier ruling of the court.

The accused were arrested by the PNP-Anti-Kidnapping Group-Visayas Field Unit on October 24, 2012. The police first arrested the three Filipino accused while in the act of withdrawing money from the victim’s ATM account.

SPO2 Zosimo Ravanes, Jr. told the court that he received a call from Supt. Robert Lingbawan about the kidnapping incident involving a Korean. They were instructed to proceed to a mall where the three Filipino accused will withdraw the alleged ransom money.

During investigation one of the Filipino accused said that it was Heum who masterminded the alleged kidnapping. A follow up operation resulted in the arrest of Heum at the Mactan Cebu International Airport.

Lingbawan, officer-in-charge of the Anti-Kidnapping Group –Visayas, said that he learned about the kidnapping from Michael Kim, a Korean. Lingbawan said he immediately instructed Chief Inspector Romeo Santander to conduct a “discreet surveillance”.

However, the court ruled that the presence of the Filipino accused together with the victims at the ATM booth could not be construed as kidnapping.

“Taking away the prior report of kidnapping, the scene at the Citibank ATM booth where the victims Jun and Santiago were seen together with the Filipino accused could not be construed as a kidnapping incident. Both Jun and Santiago were not physically restrained,” read the order.

Heum, Bulabon and Gregorio have already posted bail.— (FREEMAN)