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By Jomar Canlas, Reporter
The Office of the Ombudsman has
cleared Justice Secretary Raul Gonzalez, five prosecutors of the
Department of Justice and twelve officials of the Philippine
National Police from the criminal and administrative charges filed
by former defense secretary Fortunato Abat, who was arrested by
authorities for advocating the forming of a revolutionary transition
government against President Gloria Arroyo.
In a 41-page resolution and a
17-page decision, the Ombudsman found no probable cause against the
Justice and police officials for their ordering the arrest and
detention, and the filing of charges against Abat, former budget
secretary Salvador Enriquez, former National Labor Relations
Commission chairman Roy Señeres and Carlos Serapio.
Just performing their duties
The Ombudsman opined that
Gonzalez and the other respondents cannot be faulted for there is
presumption of regularity in the performance of their duties.
“There is no sufficient
evidence to prove and conclude that respondents are liable . . .
respondents are merely performing their duties as public officials
and employees,” the document stated.
As to the allegations against
Gonzalez and the state prosecutors that they are not impartial
officers of the law, the Ombudsman opined that “such allegations
are not supported by evidence sufficient to justify the conviction
of the respondents for the administrative offenses charged.”
“Complainants also failed to
show that respondents Secretary Gonzalez and prosecutors, including
respondent policemen, committed prohibited acts in the performance
of their respective duties,” the Ombudsman pointed out.
The case stemmed from events on
December 14, 2005, when Abat and the other complainants declared at
the Club Filipino in San Juan the idea of establishing of a
transition government to take the place of the alleged illegitimate
government of President Arroyo.
A day after, Abat and the other
complainants were invited for questioning by at least 20 policemen
but they refused and insisted on being shown a search warrant. They
were eventually dragged into a van and the police seized their
streamers, flaglets and other paraphernalia.
Gonzalez then formed a team of
prosecutors to handle the rebellion and sedition cases against Abat
and others.
Subsequently, the prosecutors
issued a resolution indicting the complainants for charges of
inciting to sedition, and the corresponding information was filed
before the San Juan Metropolitan Trial Court.
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