CEBU, Philippines - The counsel of Joavan Fernandez and his cohorts has filed a petition for admission to bail before the sala of judge Manuel Patalinghug yesterday, a petition asking the court for them to post bail for their temporary liberty.
The petition was for four of the six accused --Benedick Gabasa, Mark Perez, Teodoro Ligaray and Joavan-- in the two counts of illegal detention case filed by Osbert Abellana, the minor who Joavan and his cohorts allegedly abducted on August 11, last year. The two minors in the said case were already freed by virtue of the Juvenile Justice Law.
They are being released on recognizance to their respective parents, this was learned.
The two boys were accused together with Joavan and three others of allegedly conspiring in mauling and detaining Winston Abellana and his cousin Osbert.
Invoking Section 13 of Article III of the Bill of Rights, the counsel of the accused has filed the petition even if the indictment of the case was with no bail.
Some of the mentioned instances to which lawyer George Bragat, the counsel of the accused, mentioned in the case were the affidavit of desistance filed by Winston, counter-affidavit of Joavan, and the affidavits filed by Osbert and his father Oscar that were held in question yesterday in the hearing.
In the hearing, Osbert’s father Oscar, the first state witness, narrated to the court what happened last August 11.
Oscar said in open court that he saw Joavan and the other five suspects forcibly taking his son on board a multicab, which Joavan drove.
He said that Gabasa was the one who collared his son Osbert and forced him to board the vehicle. He even said that his son was carried forcibly inside the multicab. –Jasmin R. Uy/MEEV (THE FREEMAN)