‘Victory does not mean exoneration’

Being elected senator doesn’t get you off the hook.

Justice Secretary Hernando Perez said yesterday three opposition hopefuls could still be charged with rebellion even if they land in the top 13 of the Senate race in last Monday’s elections.

Perez was referring to re-electionist Senators Miriam Defensor-Santiago, Gregorio "Gringo" Honasan and former Philippine National Police (PNP) chief Panfilo Lacson, who are accused by the Arroyo administration of instigating the Labor Day siege of Malacañang.

The three Puwersa ng Masa candidates, along with former First Lady Luisa Ejercito, are currently in a tight contest for the last three senatorial slots.

Perez said winning the elections "has nothing to do with criminal responsibility."

"Even if they become senators, if they are really guilty of doing something, then they should really be charged," he said.

Perez pointed out that failure to prosecute offenders simply because they are elected by the people will set a "very bad precedent."

Honasan and Lacson had been the targets of a manhunt after the May 1 rioting that left four people dead. President Arroyo later agreed to let the two men campaign openly without fear of arrest.

Santiago, on the other hand, had been offered by the Department of Justice to turn state witness against the alleged brains of the power grab, but she refused. Rebellion charges have yet to be formally filed by the PNP.

Perez explained that once a complaint is endorsed, government prosecutors will conduct a preliminary investigation to determine whether there is evidence to warrant the filing of a criminal information in court.

"Charges against them would still depend on the evidence presented to us," he said. "If the evidence looks good, then the case will proceed."

He stressed that the accused will be given an opportunity to refute the charges.

The government was initially barred from filing any complaint against the senatorial candidates because of pending resolution on petitions that had questioned the validity of warrantless arrests under a state of rebellion.

"Now that the case has been decided, we are free to file the corresponding criminal complaint," Perez said.

Last May 10, the Supreme Court voted 8-3 to junk the petitions of the senatorial candidates.