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Wednesday, September 22, 2004
Luque allowed to post bail
By Raquel C. Bagnol
* Judge Quitain also suspends the issuance of arrest warrant against Luque to give the militant leader a chance to present evidence
THE Regional Trial Court (RTC) has issued an order to sustain the petition to grant bail and suspend the issuance of a warrant of arrest filed by Bayan Muna secretary general Alvin Luque to give him a chance to present evidence for his pending rebellion charges.
Judge Jesus V. Quitain ruled to sustain Luque's petition in order to find probable cause that he may be guilty of rebellion as charged and ordered him to present evidences in court on September 27, 29 and 30.
Luque asked the court to grant him bail and to suspend the issuance of a warrant of arrest after the Department of Justice (DOJ) denied his motion for reconsideration.
Luque questioned the DOJ's denial of his motion and claimed that there are no documents to prove that he is a leader of any group of the New People's Army (NPA) as alleged.
The charges against Luque was filed by Capt. Ramon Torres, intelligence chief of the Army's 73rd Infantry Battalion.
Luque said that the charges were merely concocted by the soldiers to harass him.
Although he claimed that he had been an active member of legal organizations advocating human rights, justice and freedom, he has never been a member of the communist movement.
Chief State Prosecutor Jovencito Zuno denied Luque's motion for review after finding "no cogent reason to reconsider" on the earlier resolution issued by the Davao City Prosecution Office (CPO).
The CPO forwarded the filing of rebellion charges against Luque, Loreto Palma and 13 others for allegedly plotting to overthrow the government and giving financial aid to the NPA's Front Guerilla Unit (FGU) 52 operating in the hinterlands of Paquibato and Marilog districts from 1999 to to 2002.
The CPO based the approval of the filing of charges on the resolution penned by Prosecutor Jofre Saniel who found probable cause that Luque may be guilty of inducing the FGU-52 to burn buses, forcibly extract revolutionary 'taxes' or contribution from civilians, intimidation of security guards, cattle rustling, public alarm and scandal.
(September 22, 2004 issue)
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