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Wednesday, March 01, 2006
Gov't sues Oakwood mutineer, solon for 'rebellion'
MANILA -- The Department of Justice formally filed charges of rebellion against recaptured Magdalo Group soldier Lawrence San Juan and Anakpawis party-list representative Crispin Beltran before the Makati Regional Trial Court Tuesday.
Senior State Prosecutor Emmanuel Velasco said the charge against San Juan and Beltran, in connivance with 14 other individuals, was in connection with a foiled coup attempt last Friday, prompting President Gloria Macapagal-Arroyo to declare a state of national emergency.
In the case filed, Velasco said the accused have been found to have formed a "tactical alliance" with the Communist Party of the Philippines (CPP), renamed the Partidong Komunista ng Pilipinas (PKP), and its armed component, the Katipunan ng Anak ng Bayan and renegade soldiers' group, Makabayang Kawal ng Pilipinas (MKP) even before the February 24 incident.
"The above-named accused did then willfully, unlawfully and feloniously rise publicly and take up arms against the duly constituted government, such as, but not limited to, conducting bombing activities and liquidation of military and police personnel, for the purpose of removing allegiance from government and its laws -- and ultimately to overthrow President Arroyo," Velasco said.
San Juan, one of the four Magdalo soldiers who escaped last January, and Beltran, a member of the House of Representatives representing the party-list group Anakpawis, were among the 16 individuals charged in connection with last Friday's coup attempt.
San Juan is detained at the Intelligence Service of the Armed Forces of the Philippines detention center while Beltran is in the custody of the police in Camp Crame. They faced inquest proceedings last Monday at Camp Crame.
Others charged with a similar offense were former senator Gregorio "Gringo" Honasan; CPP chairman Jose Maria Sison; and party-list Representatives Rafael Mariano, Satur Ocampo, Teodor Casiño, Liza Maza and, Joel Virador.
Also charged were escaped rebel soldier 1st Lieutenant Patricio Bumidang and two other suspected rebel soldiers, Second Lieutenants Aldrin Baldonado and Angelbert Gay.
Charges were also filed against Christopher Belmonte, San Juan's lawyer, who was arrested with former rebel military leaders Jake Malajacan and Felix Turingan, and a certain alias "Friday."
Velasco, who heads the justice department Task Force on Rebellion, said during the arrest of San Juan and Belmonte on the morning of February 21 at around 5:45 a.m., police recovered in the soldier's possession two flash drives and one diskette.
One of the flash drives contained the document titled "Agreement between PKP and MKP" and "Minutes of the February 20 final meeting" of those groups.
The two electronic documents revealed the identities of the rebels and their comprehensive program of action for the ouster of Arroyo and the setting up of a revolutionary government ruled by a council.
"The tactical alliance of the PKP and MKP was shown by their concerted efforts of destabilizing the government, massive street demonstrations led by sectoral groups, terrorist acts, bomb threats and armed uprisings committed by the PKP urban guerillas and rural communist terrorists and MKP. Verily these acts constitute rebellion," prosecutors said.
Authorities also said Beltran was a member of the central committee of the CPP/NPA in 1992, which also include as members Ocampo and Casiño, involving various rebellious activities such as mass actions, rallies, and raids of police and military detachments.
They further confirmed reports that the candidacies of the militant leaders as party-list representatives were supported and indorsed by the CPP/NPA.
Velasco said they will issue subpoenas for the 14 accused to appear before the preliminary investigation set on March 9 and 13 at the justice department Multi-Purpose Hall at 2 p.m.
"If the respondents fail to appear despite the summons, we will determine probable cause against them based on the evidence at hand after which the case would be deemed submitted for resolution," he said.
Velasco said the six party-list legislators charged with rebellion are not covered by parliamentary immunity since the charge involved is a capital offense, which is punishable by death.
He said it is up to the court to make a judicial determination of probable cause to warrant the issuance of arrest orders against the 14 other respondents. (ECV/Sunnex)
(March 1, 2006 issue)
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