OUT FOR NOW (From left) Roberto Elamparo, Ruperto Enar, and Ramon Enar show their release order issued by an Iloilo court on Nov. 25. —PANAY ALLIANCE KARAPATAN PHOTO
ILOILO CITY — A regional trial court in Iloilo has allowed three farmers to post bail five years after they were arrested for alleged links to communist rebels operating in the province.
Released from the Guimbal town prison on Nov. 25 after posting a bail of P100,000 each were Roberto Elamparo, 53; and his brothers-in-law Ruperto Enar, 54, and Ramon Enar, 53.
In her resolution, Judge Nelita Jesusa Bacaling of the Regional Trial Court Branch 72 in Guimbal said there were inconsistencies in the testimonies of witnesses presented by the prosecution.
She, however, did not give any specific details so as not to compromise the outcome of the case.
“In considering the testimonies of the witnesses so far presented, certain discrepancies have been noted especially if the open court testimonies are compared to the prosecution’s resolution in indicting the above-named accused,” Bacaling said.
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“These inconsistencies throw shades of doubt to the mind of the court on the guilt of the accused because they diminish the weight of the prosecution’s evidence,” the judge added.
The court’s initial observation, she said, was issued “without prejudice to the reception and appreciation of the prosecution’s evidence in full.”
“The court will stop short of fully discussing the merits of the prosecution’s evidence lest the same shall be misconstrued as a pre-judgment of the case, especially since the prosecution is yet to conclude the presentation of all its witnesses,” Bacaling said.
Mixed emotions
Human rights group Panay Alliance Karapatan welcomed the temporary freedom granted to the three accused but lamented the length of time they spent behind bars.
“Their families and legal counsels are overwhelmed with mixed emotions: joy and relief that they are finally free, but deep sadness and frustration that it took five long years to secure their bail,” the group said in its statement.
The three accused were arrested in Barangay Mulangan, Igbaras town, Iloilo in March 2019 on charges of illegal possession of firearms and explosives, multiple attempted murder, and direct assault, with allegations that they were members of the New People’s Army.
They denied the allegations. The next hearing is set for Feb. 5, next year. INQ