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Friday, December 14, 2007
Guingona, 17 others in standoff cleared of rebellion raps
MANILA -- A Makati court on Thursday dismissed for lack of probable cause the rebellion charges filed by the Department of Justice (DOJ) against former Vice President Teofisto Guingona Jr. and 17 other civilians in connection with the Peninsula siege last November 29.
Makati Regional Trial Court (RTC) Branch 150 Judge Elmo Alameda also ordered the release of Guigona and the 17 other accused from detention at the Philippine National Police (PNP) Custodial Center in Camp Crame where they are held since November 29.
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Aside from Guingona, charges were also dismissed against former University of the Philippines (UP) president Francisco Nemenzo, Infanta Bishop Julio Labayen, actress Elizabeth Siguion-Reyna, running priest Fr. Robert Reyes, lawyers J.V. Bautista and Argee Guevarra, Antonio Trillanes III, Myrna Buendia, Dominador Rull Jr., Romeo Solis, Roel Gadon, Rommel Loreto, Julian Advincula, Francisco Bosi, Leodor dela Cruz, Sonny Madarang, and Francisco Penaflor.
Judge Alameda said the court finds the prosecution's evidence to warrant the filing of the rebellion case against the accused "wanting."
"Under the foregoing circumstances and, after carefully examining the affidavits and other supporting documents including object evidence upon which the DOJ panel of investigating prosecutors based their findings of probable cause to file the information, this court finds them insufficient to show probable cause to charge the accused-civilians for rebellion," said Alameda in his order issued late Thursday afternoon.
He also said even the alleged acts committed and utterances made by Guingona, Labayen, Bautista, Guevarra, and Orteza "are not sufficient to establish probable cause for rebellion."
"The allegations in the affidavits of the arresting officers, the letter referral from the DOJ and other supporting evidence presented are far from proof needed to indict rebellion. What these documents prove at best is that, the accused-civilians were arrested because they ignored the call of the police despite the deadline given to them to come out of the 2nd floor of the hotel and submit themselves to the authorities," the court said.
National Capital Region Police Office (NCRPO) Chief Geary Barias then has given a 3 p.m. deadline for all civilians and the media to vacate the hotel and for the Magdalo members to lay down their arms but these were ignored.
Alameda also said the affidavits failed to establish what specific acts were committed by the accused-civilians to warrant the rebellion case, adding that not even the video footages depicting the walk-out and the subsequent march to the hotel and their presence at the hotel failed to provide the necessary evidence against the respondents.
"Mere presence at the scene of the crime and issuing individual statements, expressing one's sentiment on the affairs of government or sharing one's advocacy on electoral and political reforms without concrete evidence that the person giving the statement knew beforehand the criminal intention of the group to take up arms with the aim of overthrowing the government, would not make one a conspirator in the crime of rebellion," added Alameda.
The court also faulted the prosecution panel headed by Senior State Prosecutor Emmanuel Velasco, saying in some respects they exaggerated the facts.
"The court observed that the investigating prosecutors have in some respects exaggerated the facts from the point of view of the prosecutors. The court cannot agree with the finding of probable cause of the prosecutors that the acts of the civilian-accused constitute acts of cooperation in the execution of the act of overthrowing the government," Alameda said.
He added: "This court is not convinced that the accused-civilians conspired and confederated with the accused-soldiers. Clearly, a much stronger showing of probable cause must be shown."
On the other hand, Alameda finds probable cause to indict Senator Trillanes and the Magdalo officers with the case.
"Probable cause having been fully determined for the issuance of a commitment order, let a commitment order be issued for the continuing detention of Senator Trillanes; former Scout Ranger regiment commander Brigadier General Danilo Lim; Navy Lieutenant Senior Grades James Layug, Eugene Louie Gonzalez, Manuel Cabochan and Andy Torrato; Marine Captain Gary Alejano; Lieutenant Junior Grade Arturo Pascua; First Lieutenant Jonnel Sanggalang; Ens. Armand Pontejos; Air Force Captain Segundino Orfiano; First Lieutenant Billy Pascua; Corporal Clecarte Dahan; Privates First Class Juanito Jilbury, Emmanuel Tirador and German Linde; and former Navy Petty Officers 3 Julius Mesa and Cesari Gonzalez," he said.
He said there were enough evidences against the soldiers to continue the case against them and their detention at the PNP Custodial Center. (AH/Sunnex)For more Philippine news, visit Sun.Star Cagayan de Oro. (December 14, 2007 issue)
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