The Sandiganbayan denied the request filed by former police captain Reynaldo Jaylo and his three co-defendants to be allowed to post bail while disputing their conviction for homicide before the Supreme Court.
In a resolution dated July 31, the First Division of the ant-graft court said that there is absolutely no basis to grant the defendants’ request following their failure to show up during the promulgation of their cases on April 17, 2007.
Convicted along with Jaylo were patrolman Edgardo Castro, Pfc. William Valenzona and Antonio Habalo Jr. for the killing of Army Col. Rolando de Guzman, Maj. Franco Calanog and civilian Avelino Nepomuceno during a shootout in Makati City in 1990.
The anti-graft court also noted that the ruling has long since become final and executory aside from the fact that the defense’s petition for bail cannot be processed while the four accused continue to be in hiding.
“It is a fundamental rule that for one to be entitled to bail, he should be in the custody of the law, or otherwise deprived of liberty as the purpose of bail is to secure one’s release and it would be incongruous to grant bail to one who is free,” the Sandiganbayan stated in its ruling.
The court also said that the offense has become non-bailable because the prison sentence for the four defendants exceeded six years and all of them violated the terms of their original bail by refusing to appear in court despite a lawful order requiring them to do so.
“The court agrees with the prosecution that as the accused did not even appear during the promulgation of the judgment, the probability of flight is already given,” the Sandiganbayan said.
The accused were each meted up to 14 years imprisonment as the court held that they used unnecessary force in the attempt to apprehend the fatalities whom Jaylo and his co-accused claimed were involved in drug trafficking.