Jason Aguilar Ivler, who is ready for outpatient treatment, remains out of jail after a Quezon City regional trial court (RTC) gave his lawyers 15 days to comment on prosecutors’ appeal to detain him at the National Bureau of Investigation (NBI).

Lawyer Angelito Magno, chief of NBI Special Action Unit, said the defense team has 15 days upon receipt of the court order to comment on the omnibus motion filed by the Department of Justice (DoJ).

The DoJ is seeking the detention of Ivler at the NBI since he is already ready for outpatient treatment.

“Judge Alexander Balut of QC RTC Branch 74 directed the defense panel to file a comment within 15 days. So we are still waiting for the decision of the court whether to order the stay of Ivler at the Quirino Memorial Medical Center for a period of time or detain him at the NBI or to implement his commitment order to lock him up at the Quezon City jail. It is up to the discretion of the court,” he said.

Dr. Enrico Ragaza, the surgery department chairman at the National Kidney and Transplant Institute, said Ivler’s wound could be attended to even without his continued stay at the Quirino Memorial Medical Center (QMMC).

Magno said that since Ivler cannot undergo wound management in his home but only in detention facility since he is facing an offense that is non-bailable, the prosecutors considered the option of placing him at the NBI jail.

“He is doing very light exercises like stretching, doing very light weights,” said Magno, who refused to give comment on his medical condition. “I am not a doctor and I cannot comment if he recuperates fast,” he said.

Last February 16, Ivler pleaded not guilty when arraigned on charges of murder for the fatal shooting of Renator

Victor Ebarle Jr. that was triggered by what authorities describe as a case of road rage killing that occurred on November 18, 2009.