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By James Konstantin Galvez, Reporter
The Department of Justice has dismissed the
rebellion charges filed against the 14 remaining civilians who were
allegedly involved in the November 29, 2007 Peninsula Manila hotel
standoff.
In a resolution dated January 30, 2008, which
Lawyer Ernesto Francisco received on February 13, 2008, the Justice
department dismissed the charges of rebellion against Lawyer El Cid
Fajardo, Herman Laurel, Leonido Toledo Jr., Evangeline
Mendoza, Jose Albert, Eduardo Castro, Ferdinand Sandoval, Julio
Ancheta, Stella Guingona, Maamor Lanto, Romeo Dacles, Ryan Custodio,
Edgardo Tulalay and Rey Linaac. Francisco is the counsel of Linaac
and Guingona.
Earlier, Makati Judge Elmo Alameda also
dismissed the rebellion case filed against the 18 civilians led by
former Vice-President Teofisto Guingona Jr.
In dismissing the charges against the 14
remaining accused, the Justice department’s prosecution panel
which handled the case cited insufficient evidence submitted by the
Criminal Investigation and Detention Group of the Philippine
National Police.
These 14 civilians were the first to be released
during the inquest on November 30, 2007. But they were ordered to
undergo preliminary investigation.
Faeldon to be charged
However, the panel found probable cause against
Capt. Nicanor Faeldon and charged him with rebellion.
In a statement, Francisco said the dismissal of
the rebellion charges against the 14 civilians once again proves
that rebellion was not committed during the standoff.
“The walkout in the hearing of the coup d’
etat case, the march along the streets of Makati City going towards
the Manila Pen, and the holding of a press conference denouncing the
administration do not constitute the crime of rebellion. If at all,
such acts were but legitimate exercise of the people’s right to
peaceably assemble and seek redress for grievances and to free
speech,” said Francisco.
He added that there was no “armed public
uprising,” “masses or multitudes involving crowd action,” “a
vast movement of men,” “a complex net of intrigue and
plots,” “a civil war on a bigger or lesser scale,” or “an
armed public uprising by a substantial number of rebels.”
Francisco added that the finding that no
probable cause exists with respect to the civilians is also
applicable to Sen. Antonio Trillanes 4th and Brig. Gen. Danilo Lim.
He said the two should elevate their case to the Court of Appeals
and Supreme Court.
“There are no clear distinctions between
the civilians and the military and former military men insofar as
the alleged crime of rebellion is concerned. Hence, the rebellion
charge against Sen. Trillanes, Brig. Gen. Lim and their co-accused
must likewise be dismissed,” Francisco said.
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