Macahiya arraignment deferred anew

Yesterday’s arraignment of the coup d’ etat charges against Philippine Guardian Brotherhood Inc. spokesman Ernesto Macahiya was, for the second time, postponed to a later date pending the resolution of his request that he be allowed to post bail.

Makati City Regional Trial Court (RTC) Brach 146 Judge Oscar Pimentel rescheduled the same for June 1 while giving the prosecution until Friday to comment on the petition.

Lawyer Edwin Cacayurin, Macahiya’s legal counsel, said the court should allow his client to post bail since he is not a principal accused.

Macahiya, who is facing coup d’ etat charges together with former Senator Gregorio Honasan and several other individuals, is being linked to the July 27, 2003 Oakwood mutiny.

Cacayurin noted that coup d’ etat is punishable by reclusion perpetua if the evidence of guilt is strong and this is allegedly absent in so far as the case against his client is concerned so it should only be reclusion temporal which is bailable.

Assistant Senior State prosecutor Juan Navera, said the prosecution panel will file its reply on or before Friday after they have studied the petition for bail filed by the defense.

Pimentel also deferred the arraignment of the case last May 9 and rescheduled it to May 23 after defense lawyers asked the court to wait for the decision of the Department of Justice on their petition for review.

Macahiya who has P500,000 price on his head, was arrested by members of the Armed Forces of the Philippines Counter-Intelligence Group in Barangay Sto. Niño, Sta. Rosa, Laguna on April 28.

He was initially detained at Canlubang, Laguna and was later transferred to the Makati City Jail since the facility has jurisdiction over him based on where he is charged for an offense.

Apart from Macahiya and Honasan also facing coup d’ etat charges are Virgilio Briones, Romeo Lazo and Captain Felix Turingan. – Michael Punongbayan