RTC Executive Judge Pampio Abarintos said that at this stage of the trial, the prosecution has failed to show evidence that Daisuke and Loreta conspired in allegedly killing their 21-day-old son Diether Lowrence.
Both Daisuke and Loreta posted P100,000 bail each the other day.
They said that while they are happy with the courts decision, their happiness would not be complete until they are eventually declared innocent.
Loreta said it would be quite difficult for them to return to their normal lives because of the humiliation brought about by the much-publicized trial of their case.
In granting them bail, Abarintos gave weight to the couples arguments that the evidence of guilt against them is not strong, and that there was no conspiracy to commit the alleged crime.
The couple also asked the court to approve their petition for bail for humanitarian reasons. Loreta is now 18 weeks pregnant and has fainted several times in court, while Daisuke has bronchial asthma.
Prosecutors called for a press conference the other day and aired their grievances about the courts decision.
City prosecution chief Jose Pedrosa said they have sent a letter to the court manifesting their intention to file a motion for Abarintos to inhibit himself from the case.
The prosecution believes that Abarintos allegedly failed to appreciate their strong evidence against the Kishi couple when he granted their petition for bail.
Prosecutors Fernando Gubalane and Rogelio del Prado said they were much surprised by Abarintos decision, explaining that they have a strong case with the many expert witnesses that they have presented in court.
Pedrosa said that should Abarintos deny their motion for inhibition, they will raise the issue to the Court of Appeals even if it would mean a delay of the proceedings.
Nora Redulla, a pediatrician of the Cebu Doctors Hospital who examined the body of Diether Lowrence and subjected him to an X-ray examination, said the courts move would create an impression that it is okay to kill your child as long as nobody sees it.
It was last May 7 when the couple brought Diether Lowrence to the Cebu Doctors Hospital when Loreta discovered that the child was no longer breathing. Freeman News Service