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Saturday, February 15, 2003
Hearing today on strength of evidence vs de Asis
By Ronilo Ladrido Pamonag and Jay Balnig
PUT to the test.
Today is the scheduled hearing on the strength of evidence regarding the arson case against Guimaras Provincial Legal Officer lawyer Vicente de Asis, informed lawyer Eugenio Original, counsel for the accused.
This was to echo the observation of Guimaras Circuit Trial Court Judge Arturo Doronila that, despite the position of the defense to the contrary, the case is really non-bailable under the Rules of Court, which should apply in this instant case.
Doronila stressed, though, that there is a chance for the case of de Asis to be bailable. This, when the evidence of the prosecution can be shown to be weak.
The prosecution, represented by lawyer Cornelio Panes, said this is so since the owing punishment is reclusion perpetua to death because of aggravating circumstances.
In today's resumption of the hearing, the court will rule on the motion of Asis, through counsel Original, to post bail and recall the warrant of arrest.
The outcome in today's hearing will determine whether de Asis could be granted bail or not, said Original.
De Asis was accused by Reynaldo Florendo recently of torching and strafing his house at˙Sitio Carigon, Brgy. Agsanayan, Buenavista, Guimaras last January 30 this year.
"If the evidence against De Asis is strong, then we will not be granted bail. If it is weak, he will be allowed to post bail," Original told Sun.Star Iloilo yesterday.
This came after the prosecution and the defense agreed that the accusations against
De Asis fall under par. 2, sec. 3 of Presidential Decree 1613 in yesterday's hearing. Thus, de Asis should be charged under the said provision.
As this developed, Original maintained that the charge against his client is a bailable offense.
Original pointed to the new bail bond guide, which provides that a person accused of such can post bail for temporary liberty at P16,000.
These developed after Pastor Rufino and Jocelyn Azucena, real owners of the house torched, came out and accused Florendo of torching the property.
A certain Rochele Serion supported Rufino and Azucena's accusations, saying that she personally saw Florendo torching the house.
This rebutted Florendo's allegation that Michael and Lloyd De Asis, and a certain Fortunato Treste torched the house.
With these disclosures, Original told Sun.Star Iloilo that he is mulling charges against Florendo.
The reason, they cited, is that Florendo was directed to leave the said house on charges that he was responsible for several robbery cases that had happened before.
Yesterday, the prosecution presented SFO1 Abraham Pantilago of the Bureau of Fire Protection, SPO1 Antonio Pergil of Buenavista PNP, Brgy. Capt. Chona Jalbuna and PO2 Mercader Lambarte of Buenavista PNP.
The day before yesterday, Rizalde Lubrido, who alleged to have seen the incident, testified for the prosecution.call the warrant of arrest.
(February 14, 2003 issue)
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