Thursday, April 20, 2006
Justice holds probe on ex-Moro guv rebellion case
THE Department of Justice (DOJ) Wednesday conducted a long-overdue preliminary investigation on the rebellion charge slapped against former Autonomous Region in Muslim Mindanao (Armm) governor Nur Misuari and his co-accused in connection with the 2001 uprising in Jolo, Sulu.
Last February, Makati City Regional Trial Court (RTC) Judge Sixto Marella suspended the trial of Misuari after granting the motion of his lawyers for him to be given a chance to defend himself in a preliminary hearing at the DOJ.
In Wednesday's proceedings, Assistant Chief State Prosecutor Severino Gana Jr., who led the prosecution panel hearing the case, ordered Misuari's counsel Arthur Lim to submit within five days his additional evidence and supplementary affidavits pertinent to the rebellion complaint lodged by the Philippine National Police-Special Action Force (PNP-SAF) in 2002.
Gana likewise gave the PNP 10 days within which to file its reply to the counter-affidavits of the respondents.
"We have received ordered from Justice Secretary Raul Gonzalez Sr. to conduct a preliminary investigation. We're just following the orders of the secretary and of the Makati court," he told reporters in an interview following the hearing.
He said the belated conduct of the DOJ probe should not be taken to mean that the government is already softening on Misuari amid the government's conciliatory policy towards the Moro National Liberation Front (MNLF), which Misuari founded.
Earlier, Secretary Gonzalez said it was House Speaker Jose De Venecia who interceded for Misuari to be allowed to go in exile.
Once the DOJ is done with the preliminary investigation, its recommendation - whether to affirm, dismiss or modify the PNP complaint - will be forwarded to the Makati court for the resumption of the trial.
It was the first time that Misuari's case underwent a preliminary hearing and was heard outside of the Laguna special court where the case was originally tried.
A convoy of white pick-up trucks filled with armed police operatives escorted Misuari from his confinement at the St. Luke's Hospital in Quezon City to the DOJ for the 1 p.m. hearing.
Misuari's police escorts initially prohibited journalists and Misuari's allies from entering the room and observing the proceedings, a situation enforced when Misuari was still being tried inside the high-security PNP-SAF headquarters in Fort Sto. Domingo in Sta. Rosa, Laguna.
In between sips of coffee, Misuari huddled with his lawyers.
There was a tearful reunion between Misuari and his seven co-accused, who were detained at the Camp Bagon Diwa in Bicutan, Taguig, when they arrived a few minutes late after the hearing started.
Only last month, State Prosecutor Peter Ong, the prosecutor originally tasked to handle Misuari's rebellion case was ordered relieved by Gonzalez after he filed a motion seeking the inhibition of Marella from the rebellion case.
But Assistant Chief State Prosecutor Leah Armamento informed the judge that the DOJ had "decided to withdraw earlier motions" filed by Ong opposing Misuari's plea that the case be remanded back to the justice department for preliminary investigation.
Misuari led a rebellion in Mindanao by attacking a military camp in Jolo in November 2001 after government filed graft charges against him for alleged misuse of Armm funds. He fled to Malaysia but was eventually arrested and repatriated to face charges in the country.
While under detention, Misuari was implicated in the attack conducted by his followers on Barangay Siet, Sulo on Feb. 6, 2005.
Last January, Ong urged the court to deny for lack of merit a motion for medical treatment filed by Misuari and his co-accused Ustadz buharis Usman last November through lawyer Arthur Lim. The court however granted the furlough.
Marella is the fourth judge to handle the case after Judge Ricardo Rosario was promoted to the Court of Appeals (CA).
The case was originally assigned to Calamba, Laguna Judge Norberto Geraldez, who became a Sandiganbayan associate justice followed by Estella Cabuco-Andres of San Pedro, Laguna, who is now retired.
At that time, Ong cited that Misuari, after having been granted temporary liberty on January 10, exceeded the bounds of the privilege granted to him by holding a press conference.
An order from Gonzalez directed Ong, because of his heavy workload, to inhibit himself from Misuari's rebellion case and concentrate on his other pending cases.
Gonzalez said the government is still bent on pursuing the rebellion case but that it has to "tread carefully" because the Organization of Islamic Conference (OIC) recognizes Misuari as the representative of the Muslim people in the Philippines. (ECV/Sunnex)
(April 20, 2006 issue)
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