Beware of Carnap/Kidnap Synidicate

[ab_initio]

Maraming kaso di umaatend ang arresting officer o ang imbestigador sa hearings. Ung kaso nababasura. Usually in carjacking cases, insurance ba nag hahabol or goverment? The vehicle owner usually gets paid by the insurance company, and the carnapped vehicle becomes the insurance company's property.

the prosecution of the criminal cases is the call of the DOJ in general, Ombudsman when public officials are involved. in its prosecution the civil aspect is impliedly instituted, unless the private party, the car owner or insurance company (by right of subrogation-if i still remember it right) would prefer to prosecute the civil aspect of the case independently.

AFAIK, it is not the PNP which sets bail for an accused person in detention. The prosecutor who filed the information is the one who recommends bail. That would mean that this is entirely up to the prosecutorial arm of the DOJ to tell the court that bail should be set higher or be denied altogether considering that the persons involved are already charged with 19 other cases of carjacking and other crimes.

the DOJ cannot set the bail higher than what the law has set. under the 2000 bail bond guide, kung walang force upon things or intimidation, the bail is set at P180,000; pag may intimidation or force upon things, 300,000; pag pinatay, non-bailable. in instances when the accused would be allowed to post bail, the prosecutor cannot set it higher than 180,000 or 300,000. the accused may file a motion to post bail lower what has been recommended. the prosecutor can only recommend. the judge has the final say if the accused be allowed to post bail or to post one lower than what the fiscal has recommended or to deny it.

the judge, on the other hand, has to take into consideration Section 13 of Art. III of the 1987 Constituion (if my memory serves me right) that bail, as a general rule, is a matter of right. the accused may not be allowed to post bail provided, the two requirements are satisfied: 1. it is punishable by reclusion perpetua; and 2. the evidence of guilt is strong.

i believe that prior to the Lozano, Sencil, and Evangelista gruesome murders, the gang's activities were limited to taking the car but not murdering the owner or the one in lawful possession of the car. hence, bail, as it should be, a matter of right.