Sean Andrew Pajarillo has posted ₱72,000 bail after being charged with reckless imprudence resulting in homicide in connection with the death of Kingston Ralph Ko Cheng.
This after five days in what was described as “hospital arrest.”
And the question remains: who authorized that arrangement?
Where is the medical certification stating that he was in a grave or life-threatening condition that required hospital confinement instead of regular custodial detention — in a police station detention cell!
Because let’s be clear.
There is no such thing in our rules as a special class of “hospital arrest” as a privilege.
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🏥 What is hospital confinement under custody?
Under Philippine procedure, a detained person may be confined in a hospital only if medically necessary, and even then:
• There must be proper medical certification;
• Law enforcement retains custody;
• Court supervision applies once the case is filed.
Hospital confinement is not a comfort arrangement. It is not a discretionary option. It must be justified by medical necessity — not convenience.
If there was no serious medical condition, then what justified five days outside standard detention?
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💰 Now, about the ₱72,000 bail.
Bail is governed by Rule 114 of the Rules of Criminal Procedure.
The court determines bail based on:
• The nature of the offense;
• The penalty prescribed by law;
• The strength of the evidence;
• The probability of flight;
• The financial capacity of the accused.
For reckless imprudence resulting in homicide under Article 365 of the Revised Penal Code, the penalty varies depending on the degree of negligence and the resulting harm. Courts refer to the Supreme Court’s Bail Bond Guide to determine the recommended bail amount based on the imposable penalty range.
So legally speaking, ₱72,000 may fall within the standard recommended schedule.
But here is the difficult truth.
A young life was lost.
A family is grieving.
A city is shaken.
And provisional liberty costs ₱72,000.
Let us be clear:
Bail is not acquittal.
Bail is not innocence.
Bail is not absolution.
It is a constitutional right — because the offense is bailable.
But constitutional rights must operate equally.
If this had been an ordinary driver, without resources, without access, without influence — would the treatment have been the same?
That is the question that lingers.
This is not about vengeance.
This is about equal protection of the law.
Justice must not appear selective.
Another #RegalPOV
📸Sunstar Cebu
This is why I feel so strongly about using correct legal language and following proper procedure; because this is what the price of failure looks like. ₱72,000.
Article 365 of the Revised Penal Code may technically apply, but it is the wrong charge, or at the very least, an incomplete one. We already have a dedicated law for drunk driving. Republic Act 10586. And it’s very specific—signed into law precisely to address and prevent situations just like this.
Here’s why it matters.
Under RA 10586, when you kill someone while driving drunk, it’s treated like intentional homicide: 12 to 20 years in prison, plus fines up to half a million pesos.
When you’re charged under Article 365 (reckless imprudence), you face 6 months to 6 years. And you can post as little as ₱72,000 bail
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That’s the price difference between accountability and escape velocity.
I’m not a lawyer, but I’m guessing the most probable reason they cannot charge him under RA 10586 is because the alcohol test was conducted 18 hours after the incident. By then, the evidence was metabolized. Gone.
So despite videos suggesting intoxication, the charge was downgraded. Interestingly, the LTO is still pursuing RA 10586 violations administratively—pushing for a lifetime license ban based on witness accounts and video evidence. Which proves the law can be applied even without that blood test. But criminally? They took the softer route.
I’m only speculating here, but if there’s a lawyer out there who sees a way to still apply RA 10586 criminally despite the lack of a blood alcohol test, now would be a good time to make some noise in the comments.
A young man is dead. A family is shattered. A country is asking questions. And we deserve answers.
And I will keep making noise until we get there, because it matters. It matters to the family of Kingston. It matters to the city of Cebu. It matters to every Filipino who believes the law may one day be the only thing between you and being another victim.
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