DAVAO CITY (MindaNews/15 December)– The Court of Appeals (CA) Third Division based in Manila upheld the ruling of the Regional Trial Court (RTC) of Pasig City, dismissing the petition for bail filed by Ingrid Canada, the co-accused in child abuse and qualified human trafficking cases against Kingdom of Jesus Christ (KOJC) founder Pastor Apollo C. Quiboloy.
In a four-page decision dated November 28, penned by Associate Justice Pedro B. Corales, the appellate court noted that Canada’s petition “warrants an outright dismissal” on procedural grounds, noting, among others, that it was not timely filed.
The CA noted that the RTC of Pasig first denied Canada’s petition for bail on July 21. She then filed a motion for reconsideration (MR), which the RTC likewise dismissed in an amended order on August 28.
Canada challenged the lower court’s order before the CA through a petition for certiorari filed on October 27, or 60 days after the RTC denied her motion for reconsideration. The appellate court received a copy of her petition on October 29 via LBC Express, an accredited courier.
The CA, however, noted that initiatory pleadings such as Canada’s petition for certiorari must be filed “personally or by registered mail.”
It said filing “through a private courier, even if accredited, is not recognized for purposes of determining the timeliness.”
“Since the instant petition was filed through LBC express, a private courier, it shall be treated as if it were filed via ordinary mail, and the date of filing would be the date of receipt by the Court on October 29, 2025, or two days beyond the 60-day reglementary period under Rule 65 of the Rules of Court. Thus, the petition was filed out of time,” it explained.
The appellate court also noted the failure to implead the “People of the Philippines” as an indispensable party in the special civil action for certiorari.
On April 4, 2024, Canada was arrested, along with her co-accused Jackielyn Roy, during a joint operation of police and National Bureau of Investigation (NBI)-Davao in Barangay Tamayong in Calinan District, this city.
A day earlier, on April 3, 2024, former Barangay Tamayong chairman Cresente Canada, along with Paulene Canada and Sylvia Cemañes, were arrested but released at 5:00 p.m. the same day after posting bail amounting to P240,000, or P80,000 each. (Antonio L. Colina IV/MindaNews)
