Both Kevin Wayne Cunningham, 42, of Washington D.C. and Rommel Ocariza, 25, of Urgello Street, posted P58,000 bail each for three counts of violation of Intellectual Property Rights Law and for estafa. The case was assigned to the Regional Trial Court Branch 11.
Cunningham and Ocariza were arrested in the act of selling pirated Microsoft computer software worth P9 million to a poseur-buyer in barangay Lorega-San Miguel last Friday.
The suspects were detained at the NBI regional office even after the formal filing of a complaint against them before the Cebu City Prosecutor's Office because they have signed a waiver of detention to avail of a preliminary investigation.
But the NBI authorities were surprised when the suspects, through their counsel, filed a petition for a writ of habeas corpus before the court, claiming that they were "illegally confined and deprived of their liberty" by the NBI.
But RTC judge Geraldine "Faith" Econg quickly dismissed the petition because their detention was based on a waiver, which meant that they agreed to remain under the NBI custody pending the resolution of the case.
At present, the NBI is still gathering evidence against other persons involved in the trade of pirated computer software. - Rene U. Borromeo and Liv G. Campo