Court frees Bella Ruby on P500T bail

CEBU, Philippines - The court granted the petition for bail of Bella Ruby Santos, the accused  in the kidnap-slay of six-year old girl Ellah Joy Pique in 2011.

Regional Trial Court Judge Ester Veloso of Branch 6, in her 11-page decision, said the evidence presented by the prosecution in the bail hearing was “insufficient ground” to deny Santos’ application.

“Considering that this is a bail hearing, the court finds that thus far, there is insufficient ground to warrant the denial of bail to the herein accused. Wherefore, the court hereby grants the petition for bail filed by the accused Santos,” the order reads.

Veloso recommended a fixed bail of P500,000 for Santos’ temporary liberty.

The judge clarified that the order was on the bail petition and not on the guilt or innocence of the accused although she said the body of the victim was found at the cliff in Barili town where Ligaya Escultos and Bruce Bansuan saw the foreigner but the motive of victim’s abduction and death was not established.

“The crucial moment, between the time the child was taken and the time her body was found, remain a mystery,” the order reads.

Lead prosecutor Petronio Elesterio told the media that they will be filing a motion for reconsideration. He claimed that they have strong evidence against the accused.

Prosecution lawyer Inocencio dela Cerna said although the application for bail was granted but the kidnapping with homicide case will continue.

Renante Pique, Ella Joy’s father said he was surprised of the order.

“I did not expect this.  I fear that she might escape after posting bail but I still respect the decision of the judge,” Renante said in Cebuano.

Defense council Rameses Villagonzalo assured that Santos will appear in court during hearings.

Villagonzalo said they were happy of the development and that the defense already expected the order.

“Actually, this is the second victory. The moment they filed the anti-pornography law and we secured a dismissal, that was the first victory of the framed-up cases that they filed. However, it is not yet in full because of the main case,” he said.

Villagonzalo said the case filed against their clients was weak. They will be posting bail next week.

Another defense counsel Julius Caesar Entise said he is sad for the Pique family.

“I feel for the family of Mr. Pique but it is just most unfortunate that we cannot say that justice is served if we are just going to accuse anyone for the crime that she did not commit. Justice is served in a manner that the true culprit has to be prosecuted and not just anybody else because justice works in two ways, not only justice for the victims but also justice for the accused. That’s why we have criminal justice system,” he said.

Entise added their clients, Santos and her British boyfriend Ian Charles Griffith, were wrongfully charged.

“A child is dead and the concerned authorities are not digging deeper to determine the real culprits. Who could be the next set of suspects? Hopefully, they are the real ones now,” he said.

Perla Bautista, Santos’ mother, and her relatives expressed happiness because they have been waiting for the granting of the bail petition.

Villagonzalo said they will be evaluating whether to file demurer to evidence after the prosecution will rest its case.

Santos was arrested by the National Bureau of Investigation (NBI)-7 on October 7, 2011 at the SM Mega Mall in Mandaluyong City.

She and Griffiths, who remains at large, were charged for kidnapping with homicide.

The prosecution presented nine witnesses in the hearing for the application to post bail.

They presented a 12-year old girl who said that Feb. 8, 2011 at about 4 p.m., while she and Ellah Joy were on their way home from school, a vehicle that Santos and Griffiths boarded stopped near them.

She said a woman whom she later knew as Santos asked Ellah Joy what her mother’s name is and where they live and the latter answered.

Then, she said, Santos offered Ellah Joy a ride home claiming she knew the girl’s mother.

“Ellah Joy boarded the vehicle and sat on the lap of the woman at the front seat,” she testified.

The minor’s testimony was corroborated by Nemesio Cedeno, a tricycle driver and Harem Puerto, a habal-habal driver who were in the area during the alleged kidnapping.

The two were waiting for passengers.

Witness Bansuan, on the other hand, said that while on their way home to Dumanjug from Mantayupan, Barili at about 11:45 p.m., he, together with Escultos, noticed a Pajero slowly moving  and about to park in Barangay Sayaw.

He said he stopped near a water tank because he was wondering why there was a foreigner in the area.

He saw the foreigner, later identified as Griffiths, opened the back door of the Pajero, lifted a small sack and pushed it into a dike.

His testimony was corroborated by Escultos.

Another prosecution witness, an eight-year old girl, testified that on the said date at about 2 p.m., Santos allegedly asked her to ride in their vehicle but she ran away.

NBI agent Arnel Pura testified that it was him who arrested the accused.

She initially denied that she is Santos and introduced herself as Lara Ebba Gonzales of Davao City.

But when he asked for an identification card, she failed to produce one.  The accused later admitted that she is Santos.

Veloso said based on the evidence presented, there was no proof that there was a motive of abduction.

“No evidence was presented to show what happened to the child after she boarded the vehicle, were she was brought or who was with her all that time,” she said.

She added “there are so many possible scenarios that could have happened within those seven hours but the court cannot speculate on that.”

Medico-legal officer Dr. Nestor Sator said Ellah Joy died at around 11 p.m. — Mylen P. Manto, Denelle Dolleson, Bicol University Intern/MBG (FREEMAN)