In a telephone interview, lawyer JV Bautista said that so far, the evidence presented by prosecutors against his client have proven to be "favorable."
Among these he said, was a video presented yesterday during a presentation of evidence in the sala of Manila Branch 27 Judge Teresa Soriaso.
"The video they (prosecutors) presented showed my client leading a prayer and telling the crowed to keep calm. This proved to be a favorable point for us," said Bautista.
Bautista added that prosecutors also presented intelligence reports against Lumbao, supposedly from the National Bureau of Investigation.
However, Bautista said these reports could not be used in court as these were made after the so-called "Siege of Malacañang" last May 1, which was allegedly instigated by Lumbao who is now facing rebellion charges.
"These reports should not be used in the case as these were made after the fact," said Bautista.
As these developed, Bautista said that as such, they are now changing legal strategies from asking the court to grant Lumbaos petition to post bail, to asking the court to quash the case.
"Filing a motion to quash would be faster than asking the court to approve our petition to post bail. Besides, once the case is quashed, there would be no more need to file a motion for bail," he said.
Bautista said they have already filed the motion to quash with the court and are just awaiting its decision. He said that it would take the court at least 20 days to render judgment on their petition.
Lumbao, leader of the Peoples Movement Against Poverty (PMAP) was transferred to the Manila City Jail on July 25 from his detention cell in Camp Crame.
He was arrested last April 25 in Novaliches, Quezon City by police intelligence agents. Mike Frialde