Roldan granted P.5-M bail by Pasig judge

A Pasig City judge granted P500,000 bail yesterday to former actor and congressman Dennis Roldan, who is accused of masterminding the kidnapping of a three-year-old boy last year.

"There is no clear proof that evidence of Mitchell Gumabao’s (Roldan’s real name) guilt is strong, hence, his application for bail is hereby granted," said Judge Agnes Reyes-Carpio of Pasig RTC Branch 261.

In an eight- page decision, Carpio denied bail for Roldan’s co-accused, namely Octavio Garces, Romeo Orcajada, Adrian Domingo and couple Noel and Rowena San Andres.

"It appears that evidence of their guilt is strong. Their respective bail applications are hereby, denied," Carpio said.

Expressing surprise and elation, the former actor said he would post bail at the soonest possible time.

"I will make up for the lost time with my family," he told newsmen.

The victim’s father, Roger Yu, was extremely disappointed with the judge’s decision.

"Hindi ako natutuwa sa nangyari. Itinuro siya ng aking anak nang mag-testify ito at maraming pulis kaming testigo na dumidiin sa kanya at hindi ko naintindihan kung bakit na-grant siya ng bail," the father said.

Yu said he and his wife would sit down with their counsel Mario Ongkiko to determine what legal action to take following the granting of bail. "Maari kaming mag-file ng motion for reconsideration."

Meanwhile, the Movement for Restoration of Peace and Order, an anti-crime group, expressed shock over the decision.

"Roldan was positively identified by all witnesses, his voice was recorded during the negotiation, his participation in the kidnapping fully established not just by the victims and the police operatives, but by his own cohorts," the group said in a statement.

The group said legal remedies must be taken to reverse the decision. "This turn of events serves to make us lose faith in our criminal justice system."

Strong evidence?

The boy, accompanied by his nanny, was on his way to school when abducted by armed men in Pasig City in February 2005.

After several days, the suspects were rounded up by elements of the anti-kidnapping unit of the Philippine National Police (PNP), which led to the successful rescue of the boy.

Roldan and his co-accused filed a petition for bail last year, but the prosecution presented at least 10 witnesses to show that proof of guilt was strong against the former congressman and his co-accused.

The prosecution claimed the strongest evidence was the positive identification of the victim’s mother. The prosecution presented a taped conversation between Roldan and the mother during negotiations for the boy’s release.

The prosecution also presented suspect-turned state witness, Albert Pagdanganan, who testified that Roldan offered him P15 million to abduct the boy.

Pagdanganan claimed that Roldan gave him P225,000 for the rental of a house, where the victim was taken into custody.

In her decision to grant Roldan bail, Carpio did not give credence to the testimonies of the mother and the nanny, who both identified Roldan as the mastermind, as well as those of the seven police operatives involved in the rescue of the victim, and Pagdanganan.

"Considering the foregoing and in light of their non-observance of the PNP organizational procedures and manual, to the mind of the court, the testimonies of the police operatives, which are self-serving, have left many things to be desired," Carpio said.

She stressed that the tape conversation was not verified by authentication from an expert in the field of voice recognition, making it inconclusive.

"Considering the foregoing, the court believes that, at this stage, the aggregate of evidence so far presented by the prosecution is not strong to prove the complicity of the accused in the subject offense," Carpio said.

However, the judge clarified that the court will not speculate on the outcome of the case "after the trial on the merits."

The father said the granting of bail to Roldan was only a temporary setback on their part.

He said the court should take into consideration the guilt of Roldan’s partner Suzette Wang, who went into hiding after her name came up during the investigation of the kidnapping case.

"Nagtago siya kaya’t sign of guilt ‘yan," Yu said. "Tuloy ang demanda. Marami pa kaming ebidensiya na ilalabas."