Court orders release of Satur Ocampo, 17 others after posting bail

Former Bayan Muna Representative Satur Ocampo, ACT Teachers party-list Representative France Castro, and 16 others who were arrested in Talaingod, Davao del Norte on charges of kidnapping and human trafficking have been ordered released after posting bail on Saturday.

In her order Executive Judge Arlene Palabrica of the 11th judicial region said the respondents should be released after they each posted an P80,000 bond.

The police, however, manifested in court that they "will not release" the respondents because it was stated in the release order that authorities "are ordered to release the accused, unless for some other lawful cause/s."

According to Palabrica, Police Officer Lawyer Louie Padillo hinged his argument on the fact that said the respondents are "still undergoing preliminary investigation for kidnapping and failure to return a minor and have waived Article 125 of the Revised Penal Code."

Padillo also argued that the P80,000 bail was only for violation of RA 7610, referring to the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.

Judge Palabrica said she advised PO Lawyer Padillo to file a pleading and the other lawyer to clarify the matter with the prosecutor but they "failed to heed the advice."

The clear things up, the judge issued a supplemental order favoring the respondents, saying she "clearly and categorically" declared that the P80,000 cash bond posted by all 18 respondents "is for the cases they are charged and are pending before the Provincial Prosecutor's Office."

The judge cited Section 17 (c) of the Criminal Procedure which provides: "Any person in custody who is not yet charged in Court may apply for bail with any Court in the province, city, or municipality where he is held."

Palabrica also stated that as the respondents are "still presumed innocent and no information have been filed against them, their supreme right to liberty must be upheld."

"The police officer or military personnel or anybody who has custody of the above-named respondents are ordered to release them from custody and detention," the supplemental order said.

Talaingod 18, kasama sina ex-Rep. Satur Ocampo at ACT Teachers @repfrancecastro, nakalaya na matapos mag issue ng release order ang judge kasunod ng kanilang pagpipiyansa (???? frm Kilab Media) l via @wengsalvacion pic.twitter.com/FpZLW0bB7N

— DZBB Super Radyo (@dzbb) December 1, 2018

Bayan Muna Representative Carlos Zarate, who was at the Tagum City Hall of Justice, claimed receiving information that the Philippine National Police will try to "defy" the order and will "still take them into custody."

Sought for confirmation, Region 11 police director Chief Supt. Marcelo Morales said they would be issuing a statement on the matter.

Aside from Ocampo and Castro, also ordered released are:

• Meggie Nolasco
• Pastor Edgar Ugal
• Rev. Ryan Magpayo
• Pastor Eller Ordeza
• Rev. Jurie Jaime
• Jesus Modamo
• Maryro Poquita
• Maria Concepcion Ibarra
• JenveiveParaba
• Merhaya Talledo
• Maricel Angdagkit
• Marcial Rendon
• Ariel Ansan
• Mariane Aga
• Nerfa Awing
• Wingwing Daunsay

— MDM, GMA News