Supreme Court orders Nur’s trial in Sta. Rosa

Jailed former governor Nur Misuari of the Autonomous Region in Muslim Mindanao (ARMM) will be tried in a courthouse to be constructed in a police training facility at Fort Sto. Domingo in Sta. Rosa, Laguna.

The Supreme Court (SC) granted yesterday the justice department’s request that the venue of Misuari’s trial for rebellion be moved from Jolo, Sulu to the training camp in Laguna of the Philippine National Police (PNP)’s Special Action Force.

Misuari has been detained in a prison bungalow — built to hold ousted President Joseph Estrada and his son Jinggoy — at Fort Sto. Domingo since his repatriation from Malaysia earlier this month.

While the P2.9-million courthouse is being built, the trial of Misuari will be temporarily held at the Calamba, Laguna Regional Trial Court Branch 46 to be presided over by Judge Norberto Gonzales, the SC ruled.

"The trial and hearing shall be conducted in the regular courtroom of said branch until such time that a temporary courtroom is provided within the premises of Fort Sto. Domingo, Sta. Rosa, Laguna," the tribunal ruled.

However, the SC said officials of the justice department and the Bureau of Jail Management and Penology (BJMP) may decide on Misuari’s request for a laptop computer with a printer, a two-day medical examination, and regular interviews with journalists.

"The Court resolves to refer the other requests of Misuari regarding his access to media, medical checkup and use of computer to the DOJ, DILG, and BJMP for appropriate action consistent with fairness and existing rules," read an excerpt from the SC’s ruling.

"The judiciary— especially this Court — does not act on matters that are best handled by the government agencies tasked by law to do so. Courts are mere passive institutions which, as a rule, are merely called upon to review and not pre-empt or take over, the exercise of the functions of appropriate agencies of the government."

Interior and Local Government Secretary Jose Lina Jr., who is acting BJMP chief, said yesterday jail agency officials would review Misuari’s request.

"If he is just asking for a typewriter, then there will be no problem but having a laptop and cellular phone in his cell in another story," he said.

Lina said a laptop and a cell phone are high-tech equipment that might allow Misuari to communicate through the Internet with his armed followers in Sulu.

"The rights of detainees awaiting trial do not include the privilege of having high-tech communications gadgets in their cell," he said.

However, Misuari has the right to be visited by his lawyers, family members, and to have medical assistance in case of emergency, he added.

Director Lucas Managuelod, head of the PNP Directorate for Investigation and Detective Management, said construction of the courthouse at Fort Sto. Domingo would start within two days and completed in two to three weeks.

"The courthouse will have a sala, a judge’s chamber, rooms for the prosecution and defense panels, and a conference room," he said. "It will be built near the prison bungalow where Misuari is detained."

The SC also ordered police officials to "increase and strengthen" the level of security at Fort Sto. Domingo to ensure the safety and well-being of residents of Sta. Rosa.

Authorities have been very concerned about the security aspect of handling the case of Misuari.

Residents of Barangay Sto. Domingo, which surrounds Fort Sto. Domingo, have urged the government to immediately transfer Misuari to another place of detention outside Laguna, saying that his armed followers might try to spring him out of jail and cause havoc in their barangay.

Datu Ansari Alonto, convenor of Merdeka, a group calling for fair treatment of Misuari, told the STAR yesterday the situation in Mindanao would worsen because of the Supreme Court decision to transfer Misuari’s trial from Jolo to Fort Sto. Domingo.

"This is only prolonging the agony," he said. "We were hoping that the Supreme Court would help diffuse the tension which had been building up all the time."

On the other hand, Abdullah Madalah, former vice president of the Mindanao State University, told a press conference yesterday that Muslim Filipinos are unhappy over the government’s treatment of Misuari.

"They want our own people to deal with (Misuari’s case)," he said. "Why can’t the President understand the common sentiment in Mindanao that Misuari should be dealt within the level of the local government in Sulu?"

Madalah said the Arroyo administration has been alienating "moderate" Filipino Muslims because of its "misguided" policies in Mindanao.

"I fear that if this does not stop, moderates like me may soon be leaning towards favoring a secessionist rebellion," he said.

Meanwhile, Rep. Prospero Pichay, chairman of the House committee on national defense, said yesterday that his committee will conduct a thorough and impartial investigation of the "misencounter" between policemen, who are former rebels, and a Marine platoon in Jolo recently.

Defense committee members took an Air Forces C-130 plane to Jolo yesterday morning at the request of Sulu Rep. Hussin Amin, who urged a probe amid the rising tension among Jolo’s predominantly Muslim population.

Present at the hearing were: Negros Rep. Apolinario Lozada, Ilocos Norte Rep. Roquito Ablan, Sanlakas Rep. Etta Rosales, Siquijor Rep. Orlando Fua Jr., Sulu Rep. Munir Arbizon, and Bicol Rep. Cho Rocco.

Representing the PNP was Deputy Director General Edgar Galvante, while Maj. Gen. Glicerio Sua stood for Armed Forces chief Gen. Diomedio Villanueva.–With Jaime Laude, Perseus Echeminada, Romel Bagares