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Wednesday, September 17, 2003
Honasan gets extension to reply to raps By Benjamin B. Pulta
STATE lawyers gave opposition lawmaker Gregorio "Gringo" Honasan until Tuesday next week to answer the rebellion charges filed against him forhis alleged role in the July 27 mutiny.
In a two-page order, the prosecution panel led by State Prosecutor Leo Dacera "duly noted" the position of the defense panel that the Department of Justice (DOJ) has no jurisdiction to rule on the case since the matter should be tackled by the Office of the Ombudsman.
Dacera said in the order that prosecutors will take up in their resolution the defense's position.
Aside from giving the extension for the filing of the counter-affidavit, the government lawyer also said Honasan is entitled to receive complete copies of the testimony of the complainant's witnesses and be allowed "ample time" to answer them.
Five new affidavits were filed before prosecutors regarding the case.
Defense counsel Daniel Gutierrez earlier said police officials who charged his client failed to furnish the defendant copies of a justice department circular cited by the PNP Criminal Investigation and Detection Group (CIDG).
Gutierrez urged prosecutors to order that "complainant (CIDG) be directed to furnish Honasan…certified true copies of the OMB-DOJ circular cited in the comment, as well as the pertinent data mandatorily required by the Supreme Court of counsel who signs pleadings."
Honasan's lawyers urged that the deadline for the submission of their answer to the suit be counted from the time the copy of the circular is given to them, claiming that the CIDG's complaints contain “misleading factual allegations, inapplicable legal citations and erroneous conclusions that need to be refuted in order to put the jurisdictional issue involved in its proper perspective."
Law enforcement officials earlier said the DOJ has jurisdiction to look into the coup d'état case filed against Honasan. |
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