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Monday, June 04, 2007

 

Palace will pursue case 
against Beltran, Batasan 5

By Sam Mediavilla, Reporter

MALACAÑANG will do all available legal means to pursue the rebellion charges against Anakpawis party-list Rep. Crispin Beltran and five other party-list representatives, the President’s Spokesman and Press Secretary Ignacio Bunye said Sunday.

Bunye said the first step is a motion for reconsideration to be filed by Solicitor General Agnes Devanadera questioning the Supreme Court (SC) decision voiding the charges slapped against Beltran, Bayan Muna party-list Representatives Satur Ocampo, Teodoro Casiño and Joel Virador, Gabriela Rep. Liza Maza and Rafael Mariano, also of Anakpawis.

The SC second division on Friday ruled that government prosecutors “trivialized” the preliminary investigation on the rebellion charges when they insisted on filing cases in court despite the absence of probable cause against the lawmakers.

The six party-list representatives, collectively known as the Batasan 6, and four civilians have been charged with rebellion charges before a Makati City Trial Court in connection with the alleged conspiracy to topple the administration of President Arroyo on February 24, 2006.

He insisted that, “while we will respect and fully abide by the Supreme Court’s final ruling, and are committed to maintaining the integrity of criminal prosecutions in general and preliminary investigations in particular, it is well within the rights of the Solicitor General as the statutory counsel of the national government to file this Motion for Reconsideration.”

After winning their case in the SC, Beltran and other members of the “Batasan 6” group have said they were mulling the filing of charges against the Arroyo administration for their illegal arrest and prosecution. The cases will be filed against those who ordered the arrest of the legislators and the public prosecutors who allegedly allowed themselves to be used by government officials who wanted to curtail their rights.

Secretary Sergio Apostol, presidential legal counsel, claimed existing laws exempt the government from being hauled to court by defendants or respondents in a rebellion case.

“The case is filed in court, there is no bail recommended, this is not just an ordinary case. There is no law allowing the government to be sued if the complainant/plaintiff is facing a rebellion case,” Apostol said.

He explained that government enjoys exemption from prosecution because “the government is just doing its functions against the threat of rebellion, which is a very complicated case. You cannot just sue the government for protecting the people and the state.”

On the other hand, National Security Adviser (NSA) Norberto Gonzales said also on Sunday that he is not bothered by the threat of a legal battle challenged by the Batasan 6.

“I will wait for that [charges from Batasan 6]. It’s not a problem for me. I cannot do anything right now but wait for that. It seems they are really intent on suing me and Justice Secretary Raul M. Gonzalez,” Gonzales said in a phone interview with Mala-cañang reporters.

Gonzales insisted the lawmakers lied when they claimed in court that they were not engaged in rebellious activities.

He likewise expressed fears that the high tribunal’s vindication of the lawmakers could set a dangerous precedent for those who want to sow terror in the country.

   

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