SolGen hits back at Beltran on SC release order

Solicitor General Agnes Devanadera on Monday defended herself from criticism, saying that they have every right to contest the ruling by the Supreme Court to order the release of partylist solon Crispin Beltran.

Earlier, detained Anakpawis Rep. Crispin Beltran assailed Devanadera for questioning and threatening to appeal the high court’s dismissal of the rebellion charges against him and five other militant lawmakers.

In a statement, Devanadera said, "The Office of the Solicitor General (OSG) has not been officially served with a copy of the Supreme Court decision rendered in the 'Batasan 5' case ordering the dismissal of the Criminal Cases filed against Crispin Beltran, Liza Masa, Joel Virador, Saturnino Ocampo, Teodoro Casino and Rafael Mariano."

"Based on the news reports and the copy in the internet, the OSG is of the opinion that a Motion for Reconsideration must be filed on the issue of the determination of probable cause and the conclusion in the decision that the Secretary of Justice had 'political considerations' in the filing of these cases," she noted.

She said that the determination of probable cause is the function of the Prosecution and if a party is not satisfied, the relief available is to file a petition for review with the Secretary of Justice. She said, "Trial courts likewise have the authority to determine probable cause for the issuance of warrant of arrest. Clearly, this involves evaluation of facts and evidence. SC is not a trier of facts."

"On the second point, the Prosecutor and the trial court considered the evidence submitted in the determination of probable cause regardless of any alleged comments of the Secretary of Justice," she noted, adding that the OSG is motivated to seek a reconsideration because of its far-reaching effects on the criminal justice system.

She declared that, "With due respect to the SC but considering that there are hundreds of thousands of criminal cases at the initial stage of criminal prosecution, is it now an option for the accused to go up to the SC to question the finding of probable cause?"

"Is there now an amendment in the time-honored legal theory that the SC is not a trier of facts?" she asked.

She concluded, "OSG will file the Motion for Reconsideration both as the statutory counsel of government and as the Tribune of the People to protect the interest of all those who are accused now and in the future to be guided by decisions which are consistent with previous ones.'

In a statement, Beltran insisted that the SC ruling was “fair and objective” and that any effort by the government to appeal the decision “should be immediately nipped in the bud.”

The SC 2nd Division dismissed the rebellion charges against Beltran, Bayan Muna Reps. Satur Ocampo, Joel Virador and Teddy Casiño, Anakpawis Rep. Rafael Mariano, and Gabriela Rep. Liza Maza, saying the prosecutors did not have “probable cause” in filing the case.

Devanadera said the SC decision shocked the Department of Justice, which warned that the ruling would have “adverse consequences” on the country’s criminal justice system.