MANILA, Philippines — The Department of Justice (DOJ) is seeking to recapture the six security guards charged for the kidnapping and serious illegal detention of several missing cockfight enthusiasts or sabungero in Manila in 2022.
Prosecutors asked the lower court to order the arrest of the defendants who were granted bail, DOJ National Prosecution Service Prosecutor General Richard Anthony Fadullon said yesterday.
“It was orally manifested during the hearing,” Fadullon said in a text message.
The Court of Appeals (CA) has granted the prosecution’s petition seeking to cancel the suspects’ bail.
The CA Third Division reversed the ruling of the Manila Regional Trial Court (RTC) Branch 40, which allowed the security personnel of the Manila Arena to post bail for a total of P3 million.
The appeals court said the RTC committed “grave abuse of discretion” when it granted the defendants’ petition for bail amid “strong evidence of guilt.”
The CA said the lower court was incorrect when it ruled that there was no deprivation of liberty because the victims went voluntarily with the defendants and there was no scuffle or use of deadly weapons.
“The fact that after the victims were made to board a vehicle, that they could no longer be traced by authorities, are strong proof that the victims were detained or kidnapped,” the CA said.
The appellate court also gave little weight to the recantation of one of the prosecution’s witnesses, noting that it was “only due to stress and strain of being a witness.”
The witness has reaffirmed in court his statement to investigating officers.
“If indeed his earlier statements were not true, he could have simply denied them in court when asked by the prosecution and the defense,” the CA said.
The Manila RTC has yet to take action on the prosecution’s motion as it received the CA’s decision only on Tuesday.