Ex-Daraga mayor’s release may take more than 1 week

LEGAZPI CITY, Philippines — Former mayor Carlwyn Baldo of Daraga, Albay has to wait for a week or two before he can finally be released from detention as he needs to comply with the requirements and complete the process of posting bail.

Baldo has to post bail amounting to more than P6 million if paid in cash, or P8 million if in surety or property bond.

“It could be faster if the bail is paid in cash. Paying in the form of a surety bond is a bit tedious,” a lawyer told The STAR yesterday.

In a decision issued on Friday, Judge Maria Theresa San Juan-Loquillano of the Regional Trial Court (RTC) Branch 10 allowed Baldo to post bail after the prosecution failed to convince the court that the evidence of guilt of the accused was strong enough to warrant denial of his motion.

Loquillano said the weight of evidence required for bail purposes is not proof beyond reasonable doubt, but strong evidence of guilt.

She clarified the court was resolving only Baldo’s petition to post bail.

“This is but a preliminary matter and should not be considered conclusive or a bar that would prevent the court from making a final assessment of the evidence of the parties after a full-blown trial,” Loquillano said in the ruling.

She said it is not rare for an accused, who was allowed to post bail, to be pronounced guilty of the charges after a full-blown trial was conducted.

Loquillano cited several reasons in granting Baldo’s petition.

Among these was the fact that Baldo was not at the scene when Ako Bicol party-list Rep. Rodel Batocabe and his police escort were shot dead in December.

Danilo Muella, whom the prosecution intended to make principal witness, testified that Baldo was with him and Emmanuel Judavar when the crime was committed.

Citing Muella’s testimony, Loquillano said  there were no specific instructions from Baldo to plan the killing.

The judge said the bullet shells recovered from the scene of the crime and in the cadavers of the victims did not match any of the firearms that were registered under Baldo’s name.

“Even those ghost firearms that were supposedly purchased by Muella and Naval in Danao City, Cebu have not been shown to have been used in these cases,” she said.

Loquillano said the prosecution’s case against Baldo appeared to be circumstantial as there was no direct evidence presented in court that would establish his guilt of the crime charged.

In granting Baldo’s patition for bail, the court noted the inconsistencies and unexplained matters that were left hanging by Muella when he testified, especially during the crucial period from October to December.