CA junks Colanggo's bail plea

MANILA, Philippines (Philippines News Agency) – The Court of Appeals (CA) Fifth Division recently dismissed convicted Herbert “Ampang” Colanggo’s motion to post bail for lack of merit.

 "We find no merit in accused-appelant's [Colanggo] petition for bail...Considering that bail pending appeal is only discretionary when the applicant is convicted of an offense not punishable by death, reclusion perpetua or life imprisonment, accused-appellant is not eligible to be granted bail as a matter of course," the CA’s six-page resolution read.

Colanggo earlier filed a petition for bail with motion to admit additional evidence filed before the appellate court, saying the evidence proving him guilty of the charges is not that strong.

The bank robbery convict also asked the CA for humanitarian consideration, saying his deteriorating health merits the need to post bail and seek medical treatment outside the New Bilibid Prison. He said he needs sufficient and continuous medical treatment including possible surgery due to chronic back pains and intermittent shooting pains and numbness on both lower extremities and recurring urinary complains.

He insisted that he has constitutional rights to bail since the evidence of guilt against him is not that strong. He was arrested in 2009 and was sentenced to suffer the penalty of reclusion perpetua (imprisonment of up to 40 years) by the Parañaque Regional Trial Court on May 10, 2013 after his group got involved in several bank robberies in the early 2000 including the Rizal Commercial Banking Corporation (RCBC) branch in Cabuyao, Laguna where 10 people were killed.

The appellate court negated Colanggo’s stance saying that "after one is convicted by the trial court, the presumption of innocence and with it, the constitutional right to bail ends."

The CA added that the case of former Sen. Juan Ponce-Enrile, who was allowed to post bail despite facing a case for plunder which is a non-bailable offense is not applicable to Colanggo because Enrile has not yet been convicted and the trial of his case is still ongoing.

The CA also noted unlike Enrile, Colanggo failed to demonstrate "utter respect for the legal processes of this country...to merit the leniency of this court."

"Considering that a review of a criminal case on appeal opens the whole case for an appellate court's consideration, we find that there is no need for a re-opening of the assailed decision at this point," the appeals court said.

The six-page resolution denying Colanggo’s plea was issued on October 6 but only released to the media on Monday. It was signed by Associate Justice Jose Reyes and concurred in by Associate Justices Stephen Cruz and Ramon Paul Hernando.

Last September, Colanggo appeared before the House Committee on Justice to testify regarding the alleged proliferation of drug trade inside the penitentiary. He pinned Sen. Leila De Lima, saying the senator had been receiving bribes from the inmates.  —PNA/Christopher Lloyd T. Caliwan with a report from Philstar.com/Rosette Adel