CA affirms no-bail ruling for 6 in ‘sabungeros’ case
The Court of Appeals (CA) has upheld its decision to void a lower court’s grant of bail to six Manila Arena security personnel charged with kidnapping and serious illegal detention in relation to the case of the missing “sabungeros” (cockfighting afficionados).
In a resolution issued on May 6, the appellate court’s Third Division denied the motion for reconsideration filed by Manila Regional Trial Court Branch 40 presiding Judge Rebecca Guillen-Ubaña, along with the six accused, namely, Julie Patidongan, Gleer Codilla, Mark Carlo Zabala, Virgilio Bayog, Johnry Consolacion and Roberto Matillano Jr.
The CA noted that its evaluation of the pieces of evidence showed that there was “evident proof or presumption great that the private respondents committed the crime [they are] charged [with].”
“The private respondents failed to convince us that we missed an important circumstance or neglected a piece of evidence that would have justified a modification or reversal of our decision,” the three-page resolution written by CA Associate Justice Apolinario Bruselas Jr. read.
In a ruling issued on Dec. 20, 2024, the appellate court found that Ubaña committed grave abuse of discretion by granting the petition for bail of the respondents despite strong evidence of their guilt.
The six individuals then filed a motion for reconsideration on Jan. 24, claiming that the CA made an error in reviewing the trial court’s factual findings as this was beyond the scope of a Rule 65 petition for certiorari.
The respondents further claimed that the appellate court erred in finding evident proof of their guilt to warrant the denial of their petition for bail. They also said that there was no proof of conspiracy among them; and that eyewitness Denmark Sinfuego’s recantation should have been considered in favor of their petition for bail.
OSG counterargument
The Office of the Solicitor General (OSG) countered these arguments by saying that the accused relied on grounds already addressed in the December 2024 decision of the CA.
In siding with the OSG, the appellate court reiterated that “while the determination of the propriety of bail is vested initially with the trial court, the Court is not precluded from reviewing its decision in a petition for certiorari when the trial court has acted without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.”
This grave abuse of discretion, the CA said, was “evident” in the lower court’s resolution and order.
The case stems from the disappearance of six cockfighting enthusiasts identified as Mark Joseph Velasco, Marlon Baccay, James Baccay, Rowel Gomez, John Claude Inonog, and Rondel Cristorum, who were allegedly abducted by the accused and their cohorts.
Witnesses said that the victims were last seen on Jan. 13, 2022, as they were being taken to the basement of the Manila Arena, a sports venue where cockfights are held, after which they were forced into a gray van and never seen again.
On Jan. 20, 2023, the trial court found probable cause to issue arrest warrants against the six suspects, and after eight months, they were arrested by authorities.
But in a resolution dated Dec. 11, 2023, the court allowed the accused to post bail of P3 million each for their temporary liberty.
Following the appellate court’s decision voiding the granting of bail, state prosecutors asked the Manila court in January this year to order the rearrest of the six individuals.
