Retired general Fortunato Abat filed counter-charges yesterday against Justice Secretary Raul Gonzalez and 15 others, accusing them of illegal arrest, among other charges.
Abat was taken in at Camp Crame for questioning by police last Thursday, a day after he declared a "revolutionary transition government" and called for President Arroyo’s ouster.
Police said Abat was not being arrested and was being "invited" for questioning.
Abat was charged with inciting to sedition the following day. He and his three co-accused immediately posted bail.
Abat’s lawyer, Homobono Adaza, accused Gonzalez and the others of deception in arresting the former general and former defense secretary.
Abat had filed charges of unlawful arrest, grave threats, grave coercion, prohibition and dissolution of a peaceful meeting, theft, falsification, and incriminating innocent persons.
Citing a Supreme Court ruling, Adaza argued that Abat’s arrest was illegal because the authorities claimed that Abat was being "invited" for questioning at Camp Crame but was not allowed to leave.
"The police cannot deceptively effect a citizen’s arrest merely because they are wearing civilian clothes at the time of the arrest," he contended.
Adaza also pointed out a statement from Gonzalez that police came for Abat as part of a security sweep ahead of deposed President Joseph Estrada’s visit to San Juan that day.
"In short, Gonzalez essentially admitted he ordered the arrest of the complainants not because they were doing something illegal but because of political convenience and out of fear that Estrada’s presence could create trouble," Adaza continued.
Among those charged with Gonzalez were five government lawyers and 10 police officers.
Gonzalez and senior state prosecutor Emmanuel Velasco welcomed the complaint, saying it was expected.
"He has long been announcing that in time. We were expecting that. I don’t want to traverse the legal issues involved," he said at a press briefing.
Velasco said the complaint was only "part of the democratic process."
"I’m confident that I will be cleared in the end because we only did our job. Additionally, there is presumption of regularity in the performance of official duties," he said.
"We don’t want to dignify any actions taken by Abat. We would not be held liable for the actions taken by the PNP. The panel of prosecutors merely acted on the evidence presented to us. Our prosecutors acted on the recommendations of the Philippine National Police," said assistant chief state prosecutor Anthony Fadullon.
Also charged with Abat were former budget secretary Salvador Enriquez, former diplomat Roy Señeres, lawyer Carlos Serapio, and others identified only as "Jane and John Does." — With Jose Rodel Clapano