Prosecutors seek reconsideration of Marzan bail

By Ina Reformina, ABS-CBN News

Posted at Dec 10 2012 04:19 PM | Updated as of Dec 11 2012 10:04 PM

MANILA - State prosecutors are asking a Quezon City trial court to reconsider its bail grant to one of two employers of a house helper who was allegedly maltreated while in their employ.

In a 9-page partial motion for reconsideration filed on Monday with QC Regional Trial Court Branch 77, the Dept. of Justice (DOJ) pointed out that accused Reynold Marzan was fully aware of his wife's alleged maltreatment of house maid Bonita Baran, and did nothing.

Baran allegedly suffered in the hands of her employers for close to 3 years, causing her one eye to go blind.

Trial court Judge Germano Francisco Legaspi allowed Mr. Marzan to post a P150,000 bailbond for his temporary liberty after state prosecutors failed to present strong evidence that he conspired with his wife, Anna Liza. Anna Liza's motion for bail was denied.

State prosecutors, in their motion, argued that Mrs. Marzan would instruct her entire family not to let Bonita out of their residence's comfort room from 9 in the morning up to 10 in the evening. There were instances when Mr. Marzan would double-lock the door of their house to prevent Baran from leaving or escaping, the prosecution claimed.

“The participation of accused Reynold Marzan in detaining Bonita cannot be denied.  He did not do anything about the detentions Bonita suffered; indeed, he tolerated Anna Liza’s act of locking Bonita up.

“Also, although fully aware of the things done to Bonita by Anna Liza (either because of his physical presence while the beatings occur or having seen Bonita’s physical state after being physically maltreated by his wife earlier in the day) – which added to the impossibility of Bonita’s escape – he only passively told Anna Liza to stop, without actually performing overt acts that could have led to the end of Bonita’s ordeal.  Instead, he would continue to enjoy and benefit from Bonita’s household services in spite of the latter’s physical condition,” the motion read.

By doing nothing in spite of knowledge of Baran's detention and her subsequent loss of sight, Mr. Marzan "exhibited not only his knowledge of the criminal design of his co-conspirator in the person of  his spouse, Anna Liza Marzan, but also his participation in its execution of the serious illegal detention of Bonita Baran," the prosecution pointed out.

The Marzan couple is being accused of conspiring to unlawfully detain Baran from June 2009 up to May 2012. Charges for serious illegal detention had been filed against them before the trial court.