DOJ upholds charges vs rebel officer
The Department of Justice (DOJ) recommended yesterday the filing of rebellion charges against fugitive Marine Capt. Nicanor Faeldon while 14 civilians were cleared of any involvement in the Peninsula Manila hotel standoff in
Last Dec. 3, the DOJ filed rebellion charges before the Makati Regional Trial Court against Sen. Antonio Trillanes IV and 35 others for their involvement in the hotel standoff.
After conducting its preliminary investigation, the DOJ cleared lawyer El Cid Fajardo, newspaper columnist Herman Tiu Laurel, Leonido Toledo Jr., Evangeline Mendoza, Jose Albert, Eduardo Castro, Ferdinand Sandoval, Julio Ancheta, Strella Guingona, Maamor Lanto, Romeo Dacles, Ryan Custodio, Edgardo Tulalay and Rey Linaac.
In its six-page resolution, the panel of prosecutors also ruled that the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) failed to come up with enough evidence to warrant the filing of criminal charges against the 14 other suspects initially charged after the incident.
It can be recalled that the 14 civilians were arrested following the standoff but were ordered released by the DOJ pending the preliminary investigation.
The panel ordered that the charges against them be dismissed without prejudice to further investigation by the CIDG to properly determine the possible involvement in the
“All told, the panel finds the evidence submitted by the CIDG against the above-mentioned respondents insufficient to support a finding of probable cause for the offense charged,” the DOJ said.
The prosecution also pointed out that despite the preliminary investigation no additional evidence was produced by the CIDG for inquest.
“Without delving anymore on the defense raised by the respondents, this panel has no reason to deviate from its initial determination on the matter. Clearly, the evidence so far adduced by the CIDG is insufficient to support a finding of probable cause (against the 14).” the DOJ said.
According to the DOJ, there exists probable cause to indict Faeldon for rebellion.
The DOJ said Faeldon’s participation and presence during the standoff is undisputed adding that his complicity to the conspiracy to overthrow the government is clear and his over acts manifest a concerted plan.
According to the DOJ, just outside the Makati RTC courtroom, firearms were already distributed among the military respondents who walk-out of the court hearing.
The DOJ said Faeldon formed their group was divided into teams, and their members given a pre-designated position.
“It also indicates the primary route they are supposed to take as well as the rules of engagement in the event of confrontation. The plan also provides that supporters will be joining them before marching off towards the designated place. Certainly, all these beat the earmarks of conspiracy,” the DOJ said.
Aside from Trillanes, also earlier charged with rebellion were former vice president Teofisto Guingona, Brig. Gen. Danilo Lim, retired Bishop Julio Labayen, “running priest” Robert Reyes, Capt. Gary Alejano, Capt. Segundino Orfiano Jr., Ltsg Manuel Cabochan, Ltsg James Layug, Ltjg Arturo Pascua, Lt. Eugene Peralta, Lt. Andy Torrato, 1Lt. Billy Pascua, 1Lt. Jonnel Sangalang, Ensign Armand Pontejos, lawyer JV Bautista, lawyer Arjee Guevarra, former University of the Philippines president Francisco Nemenzo, Julius Mesa, Cezari Yassir Gonzales, Corporal Clecarte Dahan, PFC Juanito Jilbury, PFC Emmanuel Tirador, PFC German Linde, Myrna Buendia, Dominador Rull Jr., Romeo Solis, Roel Gadon, Rommel Loreto, Julian Advincula, Francisco Bosi, Leodor dela Cruz, Sonny Madarang, actress Elizabeth Orteza Siguion-Reyna, Francisco Peñaflor and John and Jane Does.
The accused civilians were later cleared by the lower court for lack of evidence and were ordered released from custody.
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