Bella Ruby: Not guilty

CEBU, Philippines - “Not guilty.”

This was the plea of Bella Ruby Santos, one of the accused in the kidnap-slay of six-year-old Ellah Joy Pique during the arraignment yesterday.

Santos, who donned a yellow T-shirt and white pants, stood before Judge Ester Veloso of Regional Trial Court Branch 6 and gave her plea.

Santos was assisted by her lawyers Rameses Villagonzalo, Ronel Ubod, Julius Caesar Entise, and Lyndon Maceren.

The family and other relatives of Santos were also present during the proceedings to give support.

Renante Pique, father of the victim, stood at one corner and could not help but stare at Santos while watching the proceedings.

Pique said that the plea of Santos was not surprising.

 “As expected, Bella will deny the charges, but this is a matter that will be fought in the court by presenting evidence to prove whether Bella is guilty or not,” Pique said in the Cebuano dialect.

The Children’s Legal Bureau and the three-man panel from the Provincial Prosecutor’s Office were authorized to prosecute the case of kidnapping with homicide filed against Santos and her boyfriend, British National Ian Charles Griffiths.

The family of Pique, neighbors and counsel for the Criminal Investigation and Detection Group (CIDG) were also in the court room.

In an interview with Villagonzalo, he said the case filed against his client was as “bogus as a 300 peso bill.”

Motion For Bail

The defense team also manifested to the court that the prosecution should not anymore be allowed to comment on their motion to post bail and hold a marathon hearing.

Entise said, bail is a matter of right and this is a right of their client.

Veloso, however, ruled that the prosecution has to answer to the motion as it is in the rules of law.

The prosecution asked for 10 days to file their comment.

Entise tried to ask for a shorter period, but Veloso said that it will be ten days.

Entise said the issue of posting bail is a matter of showing evidence and they believe strongly that the prosecution doesn’t have strong evidence.

Pique, however, is vehemently against the move of the defense for bail.

He said that if Santos would be allowed to post bail, she might run again as she did when a warrant for her arrest was issued.

Ellah Joy went missing on February 8 and was last seen by her schoolmates riding a dark-colored sports utility vehicle along with a Filipina and a Caucasian man in the town of Minglanilla.

The girl’s body was found the next day in the town of Barili.

Reconsideration

Meanwhile, the CLB plans to file a motion for reconsideration after the Naga City Prosecutor’s Office dismissed the child pornography case against Santos.

Sr. Supt. Patrocinio Comendador, head of the Task Force Ellah Joy, said that if this will also be denied, then they will raise the case to the Department of Justice.

“Sa among tan-aw there is probable cause for filing the case,” he said.

Atty. Joan Pabriaga, of the CLB, told The FREEMAN that as soon as they will receive the resolution from the fiscal they will then convene.

“Maybe two weeks or less than mapadala ang resolution and if we receive it that’s the time we’ll make our MR,” Pabriaga said.

Naga City Prosecutor Napoleon Alburo claimed that the compact disc covers with naked pictures of minors seized by the Criminal Investigation and Detection Group (CIDG) from Santos’ house in Barangay Inayagan, Naga on March 4 were inadmissible as evidence.

He explained that the search warrant applied by the CIDG was for kidnapping with homicide and not for anti-pornography. He added that even if he will elevate the case to court, the judge will probably dismiss it.

He explained that the law cited by CLB as basis in filing the anti-pornography charges did not match with the case.

“They cited Section 4, Paragraph 8 of Republic Act 9775, otherwise known as the Anti-Child Pornography Act, or the distribution of pornographic materials,” Alburo said.

But Santos, he said, did not distribute any of the pornographic CD covers.

On July 28, the CLB filed a criminal complaint against Santos before Naga City Prosecutor’s Office for child pornography.

But Pabriaga said the mere fact that said evidence was seen in plain view during the raid of the house was already a crime.

“It is like illegal drugs nga during raid makit-an in plain view the police can file a case,” she said. — /NLQ - (THE FREEMAN)