Makati court upholds junking of rebellion raps vs Guingona, 17 others

MANILA, Philippines – A Makati court upheld yesterday the dismissal of rebellion charges filed against civilians led by former Vice President Teofisto Guinngona who allegedly participated in the Peninsula Manila hotel siege last Nov. 29.

Judge Elmo Alameda of the Makati City Regional Trial Court (RTC) denied the prosecution’s motion for reconsideration after still finding no probable cause to indict Guingona, Bishop Julio Labayen, former University of the Philippines president Francisco Nemenzo, actress Bibeth Orteza, Antonio Trillanes III, ìrunning priest Fr. Robert Reyes, Myrna Buendia, Dominador Rull, Romeo Solis, Roel Gadon, Rommel Loreto, Julian Advincula, Francisco Bosi, Leodor dela Cruz, Sonny Madarang, Francisco Peñaflor and lawyers Argee Guevarra and JV Bautista.

In his decision, Alameda said the motion for reconsideration is ìdevoid of merit since the court remains unconvinced that the accused civilians conspired with detained Sen. Antonio Trillanes IV, Brig. Gen. Danilo Lim, and members of the Magdalo Group who led the takeover of the hotel.

Clearly, a much stronger showing of probable cause must be shown. Mere presence at the scene of the crime would not make one a conspirator in the act alleged, Alameda noted.

Alameda said the court never had any doubt in declaring an absence of probable cause against the accused civilians and still finds no evidence to prove that Bosi and Madarang are actually members of the Magdalo.

The court, after reviewing anew the affidavits and supporting documents transmitted to this court, failed to find information or statements relating to the personal circumstances of the accused the specific acts committed by them in promoting, maintaining or heading the rebellion. At most, they are unsubstantiated allegations, hence, deserve scant consideration,î Alameda said in his decision.

Former solicitor general Frank Chavez lauded the court’s ruling, which he intends to use in favor of his client Reyes who filed a petition for the issuance of a writ of amparo before the Court of Appeals after finding that his name remains on the Bureau of Immigrationís (BI) hold-departure list even when the charges have been junked.

“The denial by the Makati RTC of the DOJ motion for reconsideration can only serve to underscore the baselessness of the criminal charges filed against the accused,” he told The STAR.

“We are happy that Judge Elmo Alameda stood pat on his earlier decision. I sent a copy of the decision to the CA for Father Robert Reyes” writ of amparo case,î he said.

Senior State Prosecutor Emmanuel Velasco, who heads the team of DOJ lawyers handling the case, said they have not seen the latest ruling but will respect the court’s decision.

With the dismissal of the rebellion charges against the civilians, Guingona’s lawyer, who is also counsel for 14 other civilians undergoing preliminary investigation at the Department of Justice (DOJ), also sought the dismissal of the rebellion charge against his other clients or the downgrading of the charge to inciting to sedition.

Ernesto Francisco, lawyer for Guingona, Trillanes and other members of the Magdalo Group, said that in the inquest proceedings held on Nov. 30, the Panel of Investigating Prosecutors found no probable cause against the 14 civilians and were thus released for further preliminary investigation.

In another development, the Commission on Human Rights (CHR) yesterday gave the Philippine National Police (PNP) and the Department of the Interior and Local Government (DILG) until Monday morning to submit documents pertaining to the Nov. 29 Peninsula confrontation, as it is poised to come out with a resolution next week regarding the foiled rebellion.

According to the CHR, they formally wrote the agencies asking for the list of police officials involved in the arrest of members of the media and the post-operation report last Jan. 16. It gave the PNP and DILG five working days to comply with the request.

The CHR is set to convene and issue a resolution on the matter by Feb. 4.

“The CHR en banc has already conducted preliminary discussions on the investigation on the supposed arrest, handcuffing and detention of members of media and is ready to come up with its findings in the coming days,” said CHR commissioner-in-charge for National Capital Region (NCR) Wilhelm Soriano.

“(Their) failure to (submit the required documents) is considered a waiver on the part of the PNP and DILG, and the case is now deemed submitted for resolution.”   – With Katherine Adraneda