After a year and a half in jail, kidnap-slay suspect Bella Ruby Santos will taste freedom anew, even if only it’s only temporary.
In her April 10 order, Regional Trial Court (RTC) Judge Ester Veloso of Branch 6 allowed Santos to post a half a million peso bail since there is weak evidence in the case filed against her.
While there is one witness who saw Santos invite 6-year-old Ellah Joy Pique into her car, Judge Veloso said no evidence was presented to show what happened to the victim after she boarded the vehicle.
“The crucial moments between the time the child was taken and the time her body was found remain a mystery. No motive for her abduction and death was also established,” she said.
“There are so many possible scenarios that could have happened within the seven hours (since the alleged abduction up to the time she was killed) but the court cannot speculate on that,” she added.
Her lawyers are preparing the necessary requirements for her to step out of jail on Monday.
Santos is still mandated to attend all remaining court hearings on the main case against her.
The Hold Departure Order (HDO) against her also stays.
Santos and her Biritish partner Ian Charles Griffiths face charges of kidnapping with homicide in court in relation to the death of six-year-old Ellah Joy Pique on Feb. 8, 2011.
While the offense is non-bailable, the constitution allows the accused to secure temporary liberty when the evidence of guilt against the accused is not strong.
When visited by reporters at the Naga City Jail yesterday afternoon, the 37-year-old Santos gave a huge smile and waved her hands.
Jail authorities didn’t allow the media to get inside the jail nor interview the accused.
Santos’ lawyer Rameses Villagonzalo was elated with the court’s decision.
“We’re expecting this. It didn’t come as a surprise to us,” he told reporters. But Villagonzalo said they are not contented yet.
“What we won is just half of the battle. We could not say we’re totally victorious for now because the main case continues,” he said.
Villagonzalo said they are contemplating on requesting the court to dismiss the main case.
“This is a frame-up case. We already gained momentum, we will strike while the iron is hot. She is itching to be freed. She kept on crying inside the jail because she didn’t kill the child,” he added.
Another defense lawyer Julius Caesar Entice said she feels for the family of Ellah Joy who continues to seek for justice.
“It’s tragic that the justice the Pique family wished for has to wait until the true culprit will be prosecuted. We’re not after victories. We’re after the truth,” Entice said.
Ellah Joy’s father Renante said she didn’t expect the court to allow Santos to post bail.
“I was surprised. I’m afraid that Santos will go out of the country and that she won’t face the charges against her,” he said.
He said he doesn’t fear any reprisal from Santos’s camp.
The elder Pique earlier survived a stabbing attempt by a Santos supporter outside the court room.
Prosecution lawyer Noemi Truya-Abarientos said they will be filing a motion for reconsideration to contest the ruling of the court.
“We’re actually not happy with the order of the court. But we respect it. We hope the court will consider our motion before allowing Bella to post bail,” she said.
Although the court granted bail to Santos, she said they are still aiming for conviction.
Judge Veloso, in her order, clarified that allowing Santos to post bail does not mean that the case will be eventually dismissed.
“It must be noted that the question raised for the determination of the court in this bail hearing is not the guilt or innocence of the accused of the crime charged but whether or not the evidence of her guilt is strong,” she said.
Of the nine witnesses presented by the prosecution during the bail hearings, two positively identified Santos as the same person who picked up Ellah Joy outside the Calaojan Elementary School.
But of the two alleged eye-witnesses, only one Santos actually invite Ellah Joy into her vehicle. With Correspondent Fe Marie D. Dumaboc