CEBU, Philippines - The Regional Trial Court has maintained an earlier ruling granting bail for Bella Ruby Santos, who is accused in the kidnapping and murder of six-year-old Ellah Joy Pique in 2011.
RTC Branch 6 Judge Ester Veloso denied the motion for reconsideration filed by the prosecution for lack of sufficient grounds.
Veloso reiterated that the prosecution failed to present evidence that would cause the denial of the petition for bail.
“The court is not unmindful of the gravity of the crime charged; but justice must be dispensed with an even hand. In the case at bar, the court ruled that the evidence of the prosecution was not strong enough to warrant the denial of bail to the accused,†Veloso stressed.
With respect to the positive identification, Veloso said she already ruled on the matter and finds no reason to reverse its earlier ruling granting Santos’s petition.
The prosecution sought for the reversal of the ruling insisting that they have strong evidence against Santos.
“The prosecution has proven that the evidence of guilt of the accused is strong and thus, the petition for bail should not be granted principally on the grounds the witnesses positively identified the accused as having kidnapped Ellah Joy at the Calajoan Elementary School on Feb. 8, 2011,†the prosecution stated in its memorandum.
The prosecution said that the crime, kidnapping with homicide, is a non-bailable offense.
Veloso earlier grant Santos P500,000 fixed bail. In fact, she is already out on bail.
Defense lawyer Rameses Villagonzalo said he was expecting the denial of the motion for reconsideration.
“We expect the denial as the case has been very weak from the time of its creation until now,†Villagonzalo said.
Santos and her British boyfriend Ian Charles Griffiths were indicted for kidnapping with homicide. Griffiths remains at large.
Ellah Joy was kidnapped on Feb. 8, 2011 while on her way home from Calajoan Elementary School in Minglanilla. She was found dead a day after at a cliff in Barili.
Prosecution lawyer Inocencio dela Cerna said they may bring the matter before the higher court.
Dela Cerna said he will meet the members of the task force to discuss their next legal move following the court ruling. — (FREEMAN)