Junk bail grant of accused in maid ‘torture’ case, prosecution asksBy Jeannette I. Andrade
Philippine Daily Inquirer
The camp of the housemaid who was allegedly detained and maltreated by her former employers on Monday asked the court to junk the bail it granted last week to one of the accused in a case of serious illegal detention filed against him.
In his motion for partial consideration, Assistant City Prosecutor Ulric Badiola argued that Reynold Marzan’s alleged act of conspiracy with his wife, Anna Liza, by detaining Bonita Baran for three years in their Quezon City home was proven and that he should not have been granted bail.
By doing nothing, Reynold had tolerated Anna Liza’s act of detaining Baran by using a double lock on the main door of the house, he added.
Quezon City Regional Trial Court Branch 77 Judge Germano Francisco Legaspi had issued on Dec. 3 a resolution allowing Reynold to post a bail of P300,000, but denied his wife’s petition for her temporary liberty. Reynold’s bail was subsequently reduced to P150,000.
Meanwhile, the Public Attorney’s Office (PAO) filed a manifestation supporting Badiola’s contention.
“As the master of the house and an occupant of the house who fully knows of the detention of complainant in the said house, accused Reynold Marzan is equally responsible for whatever crime is happening in the same, thus, clearly establishing a conspiracy between the accused spouses Reynold and Anna Liza Marzan,” it said.
PAO chief Persida Acosta cited Supreme Court rulings, saying, “Conspiracy can be inferred from and proven by acts of the accused themselves when said acts point to a joint purpose and design, concerted action, and community of interests… it (conspiracy) need not be proven by direct evidence. Conspiracy may be deduced from the mode and manner in which the offense was perpetrated.”
Legaspi also ruled that the defense had waived its right to comment on the prosecution’s motion for partial reconsideration with the failure of the accused to appear in court.