CEBU, Philippines - The prosecution has asked Regional Trial Court Judge Manuel Patalinghug of Branch 22 to cancel the bail bond of a 60-year-old man who was convicted for rape by sexual assault.
Lawyer Rameses Villagonzalo yesterday filed an urgent motion for cancellation of bail of the accused pending appeal.
"It is the humble submission of the prosecution that considering the length of time appeals are to be resolved on higher courts, there is a high degree of probability of flight of the accused considering he is a Mindanao native and can easily hide there in its jungles and hinterlands. By the time he shall have fled or escaped, his conviction will be rendered useless and a mere paper victory for the complainant," the motion read.
Patalinghug on Tuesday convicted accused for the crime charged and sentenced him to suffer the penalty of imprisonment from 12 to 20 years. Accused was also ordered to pay P90,000 total damages to the minor victim representing the civil indemnity, moral damages and exemplary damages.
The FREEMAN is withholding the names of the accused and the minor victims due to confidentiality rule. The victim is the granddaughter of former live-in partner of the accused.
Villagonzalo said considering the accused has no record that he is suffering from any disease, they are asking for the cancellation of the latter's bail bond and put him in jail.
"Wherefore, premises considered, it is most respectfully prayed that motion be granted and the bail bond of the accused be cancelled or revoked pending his appeal, if any. It is further prayed that accused be committed at Cebu City Jail at Kalunasan, Cebu City," the urgent motion read.
Villagonzalo mentioned jurisprudence promulgated by the Supreme Court on March 17, 2010 on the case of Jose Antonio Leviste, petitioner, versus The Court of Appeals and People of the Philippines, respondents, to support their motion.
In that case, "after conviction by the trial court, the presumption of innocence terminates and, accordingly, the constitutional right to bail ends. From then on, the grant of bail is subject to judicial discretion. Considering that the accused was in fact convicted by the trial court, allowance of bail pending appeal should be guided by a stringent-standards approach."
Reportedly, the victim together with her mother lived at the house of her maternal grandmother at Barangay Basak San Nicolas, Cebu City, which is the common law spouse of the accused.
The victim grew up under the care and supervision of her grandmother and the accused because her mother was out for work.
According to the mother when she left for abroad, she noticed that her daughter "displayed some unusual sexual behaviors, such as, placing her hands in her underwear and touching her vagina with her fingers."
With the foregoing, Patalinghug found accused guilty beyond reasonable doubt. Accused, through his legal counsel, told the court they will appeal his conviction. (FREEMAN)