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Wednesday, April 04, 2007
Militant lawmaker released on bail
MANILA -- Bayan Muna party-list Representative Satur Ocampo on Tuesday walked free from detention after the Supreme Court (SC) granted him provisional liberty pending resolution of his petition to dismiss the multiple murder charges against him.
The lawmaker was accused of masterminding the mass execution of suspected military spies in the Communist Party of the Philippines (CPP) and the New People's Army (NPA).
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Malacañang said they respect the SC's decision while Defense Secretary Hermogenes Ebdane said he was saddened by the move.
The SC en banc ordered the Manila Police District (MPD) to effect Ocampo's temporary release upon payment of a P100,000 cash bond before the Office of the Clerk of Court, pending the resolution of the lawmaker's petition on the merits of the case.
Ocampo was arrested last March 16 while filing his petition before the SC seeking to quash the arrest warrant issued against him by Judge Ephrem Abando of Hilongos, Leyte Regional Trial Court (RTC) Branch 18 in connection with the 15 counts of murder charges filed against him.
The charges stemmed from the discovery of a mass gravesite belonging to the CPP-NPA at Sito Sapang Daco, Barangay Jaulisan, Inopacan, Leyte on August 26, 2006.
Former leaders of the NPA and relatives of the victims of mass execution had testified that the purging was ordered by CPP founder Jose Ma. Sison and Ocampo, who was then a member of the CPP-NPA central committee.
The lawmaker has denied the charges and accused the government of subjecting him to political persecution.
The High Court also resolved to note the letter of House Secretary General Roberto Nazareno on March 29, 2007 that a delegation from the Inter-Parliamentary Union is coming to Manila on April 18 to 21 to conduct an on-site mission to gather detailed information on the cases filed against Ocampo and other party-list representatives Crispin Beltran of Anakpawis, Joel Virador of Bayan Muna, Teodoro Casiño of Bayan Muna, Liza Maza of Gabriela and Rafael Mariano of Anakpawis also known as the Batasan 5.
The government accused the five lawmakers of conspiring with military rebels to topple the Arroyo administration during a coup in February 24, 2006. That case is now subject of a trial before the Makati RTC.
As soon as Ocampo's lawyers posted the cash bond, they immediately went to the MPD headquarters along UN Avenue in Manila to fetch the lawmaker, who has been in detention for 17 days.
Police briefly refused to hand over Ocampo to his lawyers, saying that they will still check if there are still other warrants of arrest against the lawmaker but they gave in after 30 minutes.
Over a hundred militants showed up in front of the MPD headquarters to show their support to Ocampo.
Ocampo said he planned to hold a motorcade to show his gratitude to his supporters and sympathizers who held prayer vigil, demonstrations and rallies following his arrest.
"After the Holy Week, I will be busy campaigning for the May 14 election bid of the Bayan Muna party-list which is topping the survey," said Ocampo.
The lawmaker said he felt vindicated with the SC's order suspending his arrest warrant. "I went to the Supreme Court with clean hands and with a clear conscience. I am now vindicated. That the court granted me bail for a non-bailable offense such as multiple murder showed that the government's case against me is fatally defective and seriously weak," he said.
At the end of the oral arguments on Ocampo's case last March 30, Chief Justice Reynato Puno ordered the parties to submit their respective memoranda within 10 days in support of their positions on Ocampo's bid to have the criminal charges against him be dropped and to declare his arrest null and void.
At Malacañang, Press Secretary Ignacio Bunye said they are not bothered by the SC's decision.
"We enforce the law as deemed necessary but always we bow to the High Court," added Bunye, who is also Presidential spokesman.
Defense Secretary Hermogenes Ebdane Jr., on the other hand, said the defense department was saddened by the decision of the SC.
Ebdane however said the defense and the military establishment has no other recourse but to respect the SC's order.
He also said they will inform the soldiers involved in the discovery of the mass grave where the victims of Ocampo were allegedly buried why the former communist leader is being allowed to be scot-free.
Ebdane contradicted the SC for saying that evidence against Ocampo is weak. On the contrary, he said their case against Ocampo is "strong," noting that one of the people tasked to execute the purge is testifying against Ocampo.
Justice Secretary Raul Gonzalez, on the other hand, accused the SC of according special treatment to Ocampo.
Gonzalez claimed said some magistrates may have passed judgment on the case when they assumed that the evidence of guilt against Ocampo is not strong with the alleged "defective" filing of information.
He said any alleged defects in the information can still be remedied or amended even without the conduct of a reinvestigation.
Gonzalez also said he has directed Leyte Assistant Provincial Prosecutor Rosulo Vivero to file a motion before the Leyte court to proceed with the trial of the case against Ocampo since the SC did not issue a cease and desist order against the trial court.
Meanwhile, senators welcomed the release of Ocampo.
Senator Joker Arroyo commended the SC for granting the plea for provisional release of Ocampo pending a review of the case saying "this decision once more proves the Supreme Court is one institution of our democratic system that we can all rely on in difficult times."
Senator Francis Pangilinan said the SC decision "is a triumph of our rule of law over governmental abuse" while Senator Ralph Recto said the decision to release Ocampo "is a victory for the Filipino people."
Senator Pilar Juliana "Pia" Cayetano, for her part, urged the Arroyo government to stop persecuting the militant lawmaker and other activists.
Congressman Beltran said it is about time that SC should also act on his petition to assume jurisdiction over the rebellion and sedition cases filed against him by the government after ordering Ocampo's release.
The inciting to sedition case versus Beltran was filed at the Quezon City Municipal Trial Court (MTC) Branch 43 while the rebellion case against him is now pending before a Makati court. (Sunnex)
For more Philippine news, visit Sun.Star Bacolod. (April 4, 2007 issue)
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