Gan files motion, asks court to allow Waniwan’s temporary freedom

By LITO RULONA
Correspondent

JAILED broadcaster Ronnie Waniwan’s new lawyer is fighting against time as he tries to work out for the temporary liberty of his client and political ally.

Councilor Leon Gan, Waniwan’s legal counsel and Padayon Pilipino partymate, filed an omnibus motion before the Regional Trial Court (RTC) Branch 27 of Gingoog City on Wednesday.

In the five-page motion, Gan asked the court to allow Waniwan to use the previous approved bail for his temporary liberty while the case is pending before the Court of Appeals (CA); to hold in abeyance the commitment order; or otherwise, he be detained at the provincial jail for humanitarian consideration.

Gan also asked the court in his motion that Waniwan be allowed to post bail “during the pendency while a motion for reconsideration was filed” before the high tribunal.

“Waniwan is also willing to post an additional bail of higher amount,” Gan said.

Gan said they would exhaust all possible legal remedies since Waniwan believes he was not accorded due process because of the alleged negligence of his previous counsel.

In his omnibus motion, Gan said that in all criminal prosecutions, the accused should be presumed innocent until the contrary is proven beyond reasonable doubt.

“In case of doubt, the scales must be tipped in favor of the accused. Circumstancial evidence as a basis for criminal conviction should be weighed and accepted with great caution. Jurisprudence teaches that it is preferable for the guilty to remain unpunished than for the innocent to suffer (injustice),” he said.

Gan said since Waniwan has reasonably filed his motion for reconsideration before the CA, it would be in his best interest as his constitutional rights allows him temporary liberty until his case is finally resolved.

Gan pointed out that Waniwan is not a flight risk considering the broadcaster is running for a seat in the city council.

He also pointed out that placing Waniwan before the BJMP of Gingoog City may endanger his life and safety. Taking considerations of the influence which the complainant and other political enemies of the accused may take advantage of the situation.

Earlier, he noted that the man who sued Waniwan, SPO4 Tito Buadlart, served as a security aide of former Gingoog mayor Ruthie Guingona whose children–Sen. Teofisto Guingona III and Gingoog Mayor Marie Guingona–are candidates of the administration Liberal Party