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Monday, May 08, 2006
Justice chief won't arrest 5 legislators if they leave House
MANILA -- Justice Secretary Raul Gonzalez Sr. said Sunday he will not order the arrest of five party-list legislators who are facing rebellion charges should they leave the premises of the House of Representatives.
Gonzalez said that arresting Representatives Satur Ocampo, Teodoro Casiño and Joel Virador of Bayan Muna, Liza Maza of Gabriela, and Rafael Mariano of Anakpawis, who comprise the so-called "Batasan 5," would only give them the opportunity to use the incident to get media mileage.
"I am weighing the situation because they want to dramatize the situation to have a big news. That's real reason behind it. Maybe I will not give them the satisfaction of getting the publicity that they want," he said.
"Since the motive is publicity, I would not allow them to use that to stir public opinion that is adverse to the government," he added.
Gonzalez said the failure of the justice department to secure arrest warrants is only a temporary victory for the five lawmakers. Anyway, should the court found probable cause against them, they would again be incarcerated.
"I will let them be free for the meantime. Anyway I can have them re-arrested later on. I think that it cannot be denied that pursuant to Article 125 of the Revised Penal Code, (authorities) cannot detain people beyond 36 hours unless they signed waivers of detention," he warned. Gonzales said the militant lawmakers have signed waivers putting themselves in the protective custody of Congress.
He also noted that the move of Makati Judge Jenny Lind Aldecoa-Delorino to reject the amended complaint for rebellion against the five lawmakers and 42 others allegedly involved in a plot to oust President Gloria Macapagal-Arroyo is not yet final.
Officials of the agency have said the rejection of the amended complaint is not a dismissal of the rebellion charges against the militant lawmakers and former senator Gregorio Honasan and company. The judge just simply refused to accept the complaint.
The panel of prosecutors headed by Senior State Prosecutor Emmanuel Velasco filed on Friday a motion for reconsideration and a motion seeking the inhibition of Delorino for "clearly prejudging" the case. (ECV/Sunnex)
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