A nine-page resolution signed by acting Ombudsman Margarito Gervacio said the suit filed by Misuari, who is now detained at Fort Sto. Domingo in Laguna on rebellion charges, should be dismissed since the Supreme Court has decided the arrest was legitimate.
"The Supreme Court had already spoken that there was no illegality with respect to the complainant’s detention. Such pronouncement should be accorded high respect and recognition by this office," the Ombudsman stated in the resolution.
Gervacio explained the issue raised by Misuari and other co-accused in claiming they were not covered by the first warrant, issued by Jolo Municipal Trial Court Judge Abdul-Wahid Alpha, was immaterial.
He said the defect was already cured by the second warrant issued by Jolo Regional Trial Court Judge Bagis Ismael.
The Ombudsman said Misuari’s arrest and detention, covered by the court issued warrant, is not in violation of the provisions of the Revised Penal Code on arbitrary detention.
Aside from Perez, the respondents included Interior and Local Government Secretary Jose Lina, his Assistant Secretary Abraham Iribarri, former Philippine National Police-Criminal Investigation and Detection Group chief Nestorio Gualberto, police Director Lucas Managuelod, and Presidential Assistant Jesus Dureza.