At the same time, three of the five Army captains who were accused along with Saycon have refused to submit their counter-affidavits in the pre-trial investigation of the charges filed against them before the military court.
Saycon’s lawyer, former solicitor general Frank Chavez, informed NBI Special Task Force chief Marianito Panganiban that his client will not go to the NBI.
Panganiban said Saycon’s lawyer maintains he is innocent and has asked the NBI to simply file charges against the civil society leader.
Investigators are also looking into the possible offense committed by those who participated in a meeting held at the exclusive Manila Polo Club last Jan. 9, Panganiban said.
Brig. Gen. Victor Corpus earlier alleged that vice-presidential candidate Sen. Loren Legarda "sponsored" the meeting, which reportedly included Saycon, secretary-general of the Council on Philippine Affairs, and five Army captains also accused of destabilizing the government.
Panganiban, when asked if the NBI will summon Legarda, said those who attended the meeting did not mention the senator’s name. — With Jaime Laude
The NBI said the statement of law student Baltazar Asadon, the spokesman for the junior Army officers who linked Saycon to the plot, was credible as it corroborated the account of other witnesses.
"I think Asadon is credible because his statement corroborated that of the other witnesses from the military," Panganiban said.
Asadon, who was introduced as "Captain Gabay," read the supposed statement of a group of soldiers who identified themselves as members of Kawal (soldiers) in a clandestine press conference. They pressed for the resignation of Defense Secretary Eduardo Ermita last Jan. 28 behind a huge Philippine flag inscribed with the word "kawal."
Investigators later established that the press conference was held in Saycon’s house in Ayala Alabang, Muntinlupa City.
Panganiban also said two other Army captains, surnamed Abella and Jamorabon, issued sworn statements confirming they attended the Jan. 9 meeting at the Manila Polo Club.
The NBI has filed charges for defacing the national flag against Saycon and Asadon as well as Army Captains Peter Edwin Navarro, Marcos Serafica, Mohammad Yusop Hasan, Rembert Baylosis and Philip Esmeralda before the Department of Justice (DOJ).
Panganiban said the NBI might ask the DOJ to exclude Asadon, Hasan and Serafica, who may be the government’s witnesses in the case.
The lawyers for Navarro, Esmeralda and Baylosis, on the other hand, told the military court that they will only submit their counter-affidavits after their clients have confronted Serafica and Hasan, who claimed they had been deceived by Saycon.
Pre-trial investigation officer Army Maj. Leo Lorenzo Madronal granted the motion of the three officers to summon Hasan, Serafica, and Baltazar, who have turned state witness against them.
The three junior officers are now facing two charges before the military court — conduct unbecoming of an officer and a gentleman and committing acts prejudicial to good order and military discipline.
Madronal set the resumption of the pre-trial investigation on Feb. 18.
Lawyer Rod Manicad, one of the counsels of the accused, questioned the continued detention of his clients on the grounds that no formal charges have been filed against them.
Madronal, however, said everything is in order and explained that the three junior Army officers are all under the jurisdiction of the military court, which allows their continued detention.