On Cedric Lee and Deniece Cornejo's Bail...

A photo of Vhong Navarro, Cedric Lee and Deniece Cornejo taken from google.com.

Another twist in the real legal drama of Vhong Navarro-Cedric Lee-Deniece Cornejo teleserye has unfurled on Monday, September 15, 2014.  Accused Cedric Lee, Deniece Cornejo and Simeon Raz, Jr. were allowed to post bail in the amount of Five Hundred Thousand (P500,000.00) for each of them in the decision handed by Taguig Regional Trial Court on the petition to fix bail filed by the accused in a Serious Illegal Detention case filed by Actor-It's Showtime Host Vhong Navarro.

Said decision brought shock to Navarro's camp and as well as to most netizens following the case.  In contrast, it was a heaven-sent decision on the part of the accused.

Although, the criminal case faced by the accused is a serious illegal detention and this case is a non-bailable offense considering that it is a capital offense.

A capital offense is one on which, under the law existing at the time of its commission and of the application for admission to bail, may be punished with death (Sec. 6, Rule 114, Revised Rules of Criminal Procedure).

Section 7 of the same criminal procedure states that:

"No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail WHEN EVIDENCE OF GUILT IS STRONG regardless of the stage of the criminal prosecution."

If this is so, then why accused Lee and Cornejo were allowed to post bail?

Take note that there were proceedings conducted by the court to determine the evidence of the prosecution against the accused in a petition ot fix bail.  This petition was to determine whether or not the evidence of guilt is strong or not.  The prosecution has the burden of proof in showing that the evidences they submitted would suffice to prove and show that the evidence of guilt is strong.

In handing the decision, it is entirely within the wisdom of the Honorable Judge to weigh the evidences of the prosecution.  If he sees and determines that the evidence of guilt is not strong, he would issue an order allowing the accused to post bail in the amount fixed by him.

Is the judge correct in allowing Lee and Cornejo to post bail?

The judge has the independence in resolving this issue.  It is entirely dependent upon his wisdom.  If he finds that the evidence of guilt is not strong, then he may allow the accused to post bail.

What is its implication to Navarro's camp?

The decision of the trial judge is indeed a big blow on their part.  At this early, the judge has already an impression that the evidence of guilt is not that strong.  Hence, the more that they will present evidences and witnesses to convince the court that indeed the accused committed the crime charged.

Again, it is not yet the end of the trial.  Trial still continues but with the accused temporarily free. It is still a loooooooooooooong way to go.

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