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Friday, August 08, 2003
Senate heeds call, puts off mutiny probe
MANILA -- Government lawyers served subpoenas on the home and offices of opposition Senator Gregorio "Gringo" Honasan on Thursday, asking him to answer the criminal complaint filed against him for his role in the short-lived mutiny in Makati City last July 27.
Justice Undersecretary Ma. Merceditas Gutierrez said she is "optimistic" that Honasan will answer the charges against him.
At the Senate, senators heeded President Arroyo's request that they postpone their inquiry in aid of legislation on the reasons behind the failed mutiny of over 300 junior military officers and soldiers.
Gutierrez said Honasan is supposed to respond within 10 days from receipt of the subpoena to answer the charges against him, adding that prosecutors are scheduled to conduct a preliminary investigation on the case by August 18 to determine if there is basis to file the complaint in court.
It was not clear if Honasan needed to be present during the preliminary hearing on the case.
Gutierrez said Honasan and six others accused with him of violating the country's anti-coup d'etat law must be in the hearing but State Prosecutor Leo Dacera believed the senator could opt to answer the charges discreetly through his lawyers.
If Honasan does not reply to the charges during the 10-day period, the senator will be viewed to have waived his right to present his side and the case will be resolved based on the evidence at hand, Chief State Prosecutor Jovencito Zuno earlier said.
As of the moment, Gutierrez said there is no hold-departure order issued to prevent Honasan from leaving the country since the case has not been filed yet in court.
Executive session
The Senate investigation into the mutiny is being moved to August 14 and will be conducted in an executive session, said Senate President Franklin Drilon.
What prompted the postponement was Executive Secretary Alberto Romulo's request that Congress postpone the inquiry to allow the country's defense and security officials to work full-time in quelling existing security threats.
"We decided to give our security officials the chance to work full-time in what they say are ongoing operations to crush all coup threats once and for all so that we can go on with our normal lives," Drilon said.
Nevertheless, Drilon said he already issued a subpoena requiring the Armed Forces of the Philippines to present during the inquiry by the Senate committee on the whole the eight young officers who led the short-lived mutiny at the Oakwood Premier Hotel in Makati.
Drilon added during a press briefing that Romulo told him in a letter that matters of national security are involved in this issue and that under the Constitution, it is mandatory to hold the session behind closed doors.
Moreover, in his letter to Drilon, Romulo also suggested that the Senate and House of Representatives conduct joint hearings in the interest of minimizing security risks and saving precious time and effort.
The Senate chief, however, said it would be difficult for senators to heed the request since they have already started the proceedings.
"We find it difficult to make such arrangement. We hope we can find an acceptable arrangement, but we don't see any at this point since we have constituted the Senate into a committee of the whole," Drilon pointed out.
Subpoenas sent
Subpoenas for Honasan were sent to his last known address at No. 1 Marcos St., Industrial Valley, Marikina City and the senator's office at the Senate-GSIS Building.
A rebellion charge, being a continuing offense, is one of the instances when an accused may be arrested without a warrant, argued government lawyers.
The offense carries no possibility of bail when the evidence of guilt is strong.
Charged together with Honasan were Ernesto Makahiya of Barangay Calo, Bay Laguna and George Duldulao, said to be among the senator's staff at the Senate, Capt. Felix Turingan, Lina Reyes and a certain Briones and Lazo.
They are reportedly co-members of Honasan in the Philippine Guardians Brotherhood Inc.
Local Government Secretary Joey Lina said the complaint also includes a thousand John Does and Jane Does accused of supporting the young soldiers' mutiny.
The main evidence against Honasan is the affidavit issued by Perfecto Ragil, a major of the Communication-Electronics and Information Systems Services in the Armed Forces of the Philippines.
In his sworn statement, Ragil said Honasan was part of a meeting conducted sometime in the afternoon of June 4 in a house in San Juan with some of the young military officers who staged the mutiny in Makati, namely, Lt. Sgt. SG Antonio Trillanes, Capt. Gerardo Gambala and Capt. Gary Alejano. JPM/Benjamin Pulta
(August 8, 2003 issue)
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