A VILLAGE chief in Pagatpat, Cagayan de Oro City, Achilles Jude Babaran, accused rapist, wanted the court to grant him bail so he can seek medical treatment for an upper respiratory tract infection.
Babaran, facing two counts of rape charges, through lawyer Dale Mordeno submitted his petition for bail during his arraignment Tuesday, September 27, at the sala of Regional Trial Court Branch 37 Judge Jose Escobido.
Mordeno also withdrew the motion for hospital arrest for Babaran after a court order was issued directing the confinement of the accused in the infirmary of the Lumbia City Jail.
"Nag-agree ang prosecution ug defense nga instead of hospital si kapitan Babaran, i-confine na lang sa infirmary sa jail, (The prosecution and defense agreed that instead of hospital arrest, he will be confined in the infirmary of the jail)" Mordeno said.
Babaran was confined in the J.R. Borja Memorial City Hospital for an upper respiratory tract infection when arrested by police on September 14.
Mordeno said the defense wanted to expedite the hearing of the petition for bail and wanted the court to set aside it’s the previous petition for hospital arrest as this will only delay Babaran’s hospitalization.
"Naa man pending motion nga hospital arrest that explains why pag abot sa Lumbia wala pa man gud na resolve ang among motion for hospital arrest so gi-confine siya sa infirmary karon nga naay na court order dili na lang ipadayon ang hospital arrest," Mordeno said.
"Ang hospital arrest kay makalangan na kay (will only delay since) i-examine og experts pa," Mordeno added.
Mordeno said posting bail is a constitutional right of the accused even in capital offenses like rape which is non-bailable.
Mordeno added the prosecution should present their witnesses to prove strong evidence otherwise the court will have to grant their petition.
"Ipa-present ang prosecution sa ilang witness para i-prove nga ilang evidence is strong kay kung dili strong i-grant ang among bail," Mordeno said.
Regional State Prosecutor Jaime Umpa, meanwhile, said even if the victim had passed away in a separate murder incident, the prosecution will still give a good fight and present available witnesses to establish Babaran’s guilt beyond reasonable doubt.
Umpa, reacting to the presence of Babaran’s supporters in the courtroom, said the Prosecutor's Office will provide more marshals next hearing for the security of the victim's mother.
The victim's mother got emotional inside the court on Tuesday and was jeered by Babaran's supporters.
"Next hearing, mag dugang nami og (we will add more) marshal," Umpa said.