Sans formal case, QC court allows Marcelino to post bail

Even without a formal case filed against him in court, Marine Lt. Col. Ferdinand Marcelino has been allowed by a Quezon City court to post bail and enjoy temporary freedom.

In a 29-page resolution, Presiding Judge Lyn Ebora Cacha of the QC Regional Trial Court Branch 82 granted Marcelino's bail petition, but turned down a similar plea from Yan Yi Shou, the Chinese national who was arrested with Marcelino during a raid on a suspected shabu laboratory in Manila in January.

In March, the Department of Justice submitted for resolution the criminal complaint filed by the Philippine National Police-Anti-Illegal Drug Group (PNP-AIDG) and the Philippine Drug Enforcement Agency (PDEA) against Marcelino and Yan Yi Shou.

In resolving the complaint, the DOJ will determine whether to elevate the matter in
court through a formal case.

Marcelino is facing a separate criminal complaint for illegal possession of firearm and violation of the election gun ban and the Comprehensive Firearms and Ammunition Regulations Act.

Marcelino, a former PDEA official, was arrested on January 21 during a raid in a shabu laboratory in Sta. Cruz, Manila. He claimed he was performing surveillance work when arrested.

In its ruling, the court noted that any person not yet charged in court may apply for bail with any court in the province, city, or municipality where he is held, under Section 17 (c), Rule 114 of the Rules on Criminal Procedure.

The court said someone not yet charged in court like Marcelino enjoys a "higher degree" of presumption of innocence than someone formally charged.

"If a person formally accused of an offense in court may seek entitlement to bail as a matter of right, then with more reason that a person who is yet to be found probable cause against be given a similar, if not a superior standing in court," read the ruling.

The court said since no formal charges have been filed yet, it cannot determine yet whether Marcelino was being charged with a non-bailable capital offense.

The court also pointed out that under Republic Act 9165 or the Comprehensive Dangerous Drugs Act, the preliminary investigation of cases filed under it shall be terminated within 30 days from filing.

The court said Marcelino and Yan Yi Shuo cannot be denied his right to bail considering the lack of a formal case against them.

"All the evidences presented so to speak are irrelevant and immaterial. Nor were the evidences presented competent," said the court.

The court said the prosecution has likewise not shown that Marcelino is a flight risk. Yan Yi Shuo, meanwhile, is considered a flight risk as he has "no deep roots in the Philippines." —KBK, GMA News