The Manila City Regional Trial Court has been ordered to hear the motion for bail filed by Luisito Gonzales and his driver following the Court of Appeals decision dismissing the charges of murder and less physical injuries against them over the killing of businessman Federico Delgado, son of shipping magnate Francisco ?Don Paco? Delgado.

In a resolution, the Supreme Court?s First Division ruled that the venue for filing the application for bail is in the court where the case is pending whether for preliminary investigation, trial or on appeal.

?This Court is not in a position to grant bail to respondents as such grant requires evidentiary hearing that should be conducted by the trial court where the murder case is pending,? the SC said.

?However, due to the suspension by the RTC of its proceedings on this case in its order dated Oct. 7, 2008, we resolve to direct the RTC to hear immediately respondents? application for bail, receive the evidence of the respective parties and resolve the application without further delay.?

Gonzales and his driver Antonio Buenaflor earlier asked SC to order their immediate release from jail, after the lower court suspended its proceedings on the murder case pending the resolution of the petition for review filed by the heirs of Delgado before the high tribunal.

Delgado was stabbed to death at his residence in Mayflower Building, in Malate, on March 10, 2007. Girlfriend Analisa Pesico, who was with the victim and also injured during the attack, positively identified the two as the killers. Rey E. Requejo