A COURT in Davao City clarified on Tuesday, August 15, that the release of a businessman accused for violation of the anti-trafficking in persons law before the court order was signed is not an issue.
The Regional Trial Court (RTC) Branch 10 issued such clarification after the National Bureau of Investigation-Southern Mindanao Region Office (NBI–Semro) released Efren Miguel Aquino, owner of the Plaza Roman KTV Bar, on August 8.
Aquino was released around 6 p.m. last Tuesday, August 8, after he posted P200,000 bail before the court. However, the release order dated August 8, 2017 was only signed by the RTC Branch 10, Judge Retrina Fuentes, on August 9.
"It was a human error and also lack of time," a reliable source, who refused to be named, from the court said, adding that the order was prepared August 8, but was signed on the following day.
The order was signed on August 9 in the afternoon because Fuentes already went home before Aquino and his lawyer, and NBI-Semro completed the bail process late in the afternoon of August 8.
"If we talk about equity and justice in principle of the law, there was nothing wrong with the release of the accused," the source said, adding that Aquino and his lawyer, and NBI-Semro have so far complied with the papers needed for bond.
The source said there was already an official receipt from the Office of the Clerk of Court (OCC) and the undertaking was already signed except for the court order because the judge has gone home.
In principle of the law, the source said, the accused has already posted bail which is a matter of right. He has no other case also to answer before the prosecution and/or the court that will serve as reason for the authorities to hold him.
NBI-Semro director lawyer Arnold Rosales, in a separate interview, said the bureau released Aquino with the consent of the court.
Rosales said the legal counsel of the accused asked and clarified to the court whether Aquino can be released already because he is sick. He added that the court did not see any problem about it.
"Aquino posted bail and meron rin siyang affidavit of undertaking na sisipot siya pag pinatawag siya ni judge. Sakaling hindi pupunta si judge kinabukasan, ibabalik agad si Aquino sa custody based sa kanyang undertaking," Rosales said.
The accused Aquino, owner of the bar, and his floor manager Alfreda Omambing Maghari, are both facing charges for violation of the Anti-Trafficking in Persons Act, following their arrest during the raid on August 7 on Cabaguio Avenue in Davao City.