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Saturday, July 08, 2006
Ex-senator's plea to reopen initial probe of coup case junked
THE justice department on Friday rejected the precondition sought by former senator Gregorio "Gringo" Honasan to restart the preliminary investigation in connection with his involvement in the July 2003 Oakwood mutiny, before he surrenders to authorities.
Assistant Chief State Prosecutor Richard Anthony Fadullon said Honasan must first submit himself to the jurisdiction of a Makati court that issued his arrest warrant.
"We can't do anything about it, it is the court that issued the arrest warrant. We can't prevent the court from issuing the warrant of arrest just because there is a petition for review (before the justice department)," Fadullon said.
He denied the former lawmaker's claim in his petition for review that he was not given the chance to controvert the evidence presented by the complainant Intelligence Service of the Armed Forces of the Philippines (Isafp).
"He (Honasan) can't say that there was no preliminary investigation, although admittedly it was stalled because he raised several issues that even reached the Court of Appeals (CA). We have to give respondents the opportunity to explain their side but it does not mean that we have to wait for their explanation at their convenience," said Fadullon.
Honasan, a former military man who has been involved in several coup attempts during the Aquino administration, is facing coup d' etat case for allegedly masterminding the foiled July 27, 2003 power grab led by junior officers belonging to the Magdalo Group.
The case has already been filed before the Makati Regional Trial Court (RTC) and was consolidated with the civil case against 31 Magdalo soldiers.
On top of the coup charge, Honasan is also facing rebellion case along with the so-called Batasan 5 lawmakers, former military men, some civilians, and leaders of militant groups.
Former senator Vicente Sotto III, speaking for his former colleague, said Honasan who has a P5 million reward for his capture, is willing to resurface to face the charges if the justice department grants his petition.
The agency last February 24 pushed through with the filing of coup d'etat charges against the former legislator.
Honasan went in hiding after Makati RTC Branch 145 Judge Cesar Santamaria issued a warrant of arrest against him. No bail was recommended for his temporary liberty. (ECV/Sunnex)
(July 8, 2006 issue)
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