William Esposo, former chairman of the Council for Philippine Affairs (COPA), described the charges as harassment.
In filing the case, the National Bureau of Investigation (NBI) said charges of inciting to sedition and conspiracy to commit sedition may also be filed against Saycon and the other suspects.
The Army Captains are Robert Baylosis, Philip Esmeralda, Peter Edwin Navarro, Marcos Serafica, and Mohammad Yusof Hassan, while the "lawyer" is Azodan Baltazar, alias Captain Gabay.
Marianito Panganiban, NBI special task force chief, said they could not yet file charges of inciting to sedition or conspiracy to commit sedition against the suspects because of the absence of concrete evidence. "We will file additional charges once we have enough evidence" he said.
The law bans "adding any figure, mark, picture design, drawing or imprints or any nature" on the Philippine flag, he added.
Nestor Mantarin, NBI deputy director for special investigation, said Saycon and the six others had violated Republic Act 8491 which prescribes the color of the national flag, anthem, motto, coat of arms, and other heraldic items and the devices of the Philippines.
On the other hand, Panganiban said Saycon had supplied the "two joined Philippine flags with the word "kawal" emblazoned horizontally on the blue field."
The modified flag was used to cover the military officers, who called their group "Kawal Pilipino" during a secret press conference at the house of Saycon in Alabang, Muntinlupa on Jan. 28. During the press conference, the Army captains demanded the resignation of Defense Secretary Eduardo Ermita whom they accused of using the government machinery to campaign for President Arroyo.
The NBI said Saycon and the other suspects had manifested a "total lack of reverence and respect for the Philippine flag" when they "defaced, defiled, dishonored and acted with contempt" towards the flag.
"The subjects and soldiers, sworn to serve the flag, underscore the unpatriotic willingness that must have accompanied subjects’ violation of the law," the NBI said. By defacing the flag, the suspects "created an impression" that it was not a sacred symbol of national unity and sovereignty, the NBI added.
The NBI said the military officers’ use of the modified Philippine flag to hide their faces converted it into "a sanctuary for anarchy and an inarticulate wall" of protective cloth. "The fact alone that subjects deliberately hid behind the altered flag created the impression that by such use the Philippine flag, contrary to its solemn role as symbol of national ideals and tradition, could in fact be a practical symbol of cowardice, and a conniving tool of treachery," the NBI said.
Acting Justice Secretary Merceditas Gutierrez said Baltazar will also be charged with violation of Article 197 of the Revised Penal Code or the illegal use of uniform or insignia. The NBI is checking if Baltazar is actually a lawyer, she added.
The NBI said Serafica and Hassan told investigators Saycon wanted Kawal to publicly accuse the Arroyo administration of ordering the Armed Forces to "limit the actions" of the various presidential candidates to "destroy their chances" of winning the elections. — With reports from Christina Mendez, Marichu Villanueva