Rama’s aide denied bail

CEBU, Philippines — The executive assistant of then Cebu City mayor Michael Rama will have to remain behind bars following the court's decision to deny his petition for bail and other legal remedies.

Judge Alexander Acosta of the Cebu Regional Trial Court Branch 9 denied on August 2 the notice of appearance with motion to leave, to avail of remedy of appeal, to quash the warrant of arrest, and to post bail filed by Aniceto “Abbey” Canturias.

“This court, after perusal of the records of this case and assiduous evaluation of the arguments posted by the accused on his failure to appear during the promulgation of the decision, finds such explanation bereft of any merit and not justified considering that the same could easily be concocted and was not proven,” the order read.

Canturias was convicted of libel for allegedly posting defamatory remarks in a social networking site against Cebu City Mayor Tomas Osmeña in 2015.

He was arrested on July 16, six days after his conviction, and is now detained at the Cebu City Jail. He is sentenced to suffer the imprisonment of indeterminate penalty of four years and two months as minimum to eight years as maximum.

On July 10, 2018, Acosta convicted Canturias in absentia after he and his counsel failed to appear in the scheduled promulgation. Acosta in his decision, found Canturias guilty beyond reasonable doubt of libel.

Acosta, in his three-page order, denied Canturias’ motion for bereft of merit.

“Granting arguendo, it was true, accused’s counsel should have been present and informed this court on the failure of the accused to appear on the promulgation, but he never did. Thus, this court cannot consider the same to justify the absence of the accused,” Acosta said.

Lawyer Francisco Amit, Jr., legal counsel of Canturias, told the court that his client failed to attend the scheduled promulgation because he suffered vertigo.

Amit also said Canturias had no slightest intention to evade nor he will be a fugitive from justice.

Moreover, Acosta said there was no ground for the quashal of the warrant of arrest.

The prosecution also objected Canturias’ motion, claiming the filing of the same was premature because no motion for reconsideration was filed yet.

Background

Osmeña, who was filing his candidacy for mayor at that time, alleged Canturias posted in his Facebook page defamatory remarks against him.

"Police report says that the ex-future mayor was on the wheel on that fateful Saturday night, at break-neck speed, when the Dodge Charger hit the 35-year old woman S-S-P-L-U-C-C-K-KKK! Didn't you know he has had a penchant for fast cars?" Canturias’ post read.

Because of that post, Osmeña claimed he was maligned, humiliated and even cursed and his wife, Margarita.

Canturias denied the accusations filed against him.

He claimed that the statement he posted online was not taken with bad faith or malice and it was made in line with his freedom of speech claiming the matter involved public interest. — KBQ (FREEMAN)