SC chides DOJ for meddling, junks charges vs 'Batasan 6'

(Updated 6:55 p.m.) The Supreme Court on Friday dealt the government a big blow when it ordered the dismissal of rebellion charges against six party-list representatives, collectively known as the Batasan-6, and four civilians in connection with the alleged conspiracy to topple the Arroyo administration on February 24, 2006. In a 23-page decision penned by Associate Justice Antonio Carpio, the high tribunal’s Second Division granted the consolidated petition filed by Reps. Satur Ocampo, Ted Casino, Joel Virador (all of Bayan Muna), Liza Maza (Gabriela), Rafael Mariano and Crispin Beltran (Anakpawis) to set aside the Department of Justice's finding of probable cause against the petitioners for rebellion. Other petitioners in the case were militant leaders Vicente Ladlad, Nathaniel Santiago, Randall Echanis and Rey Claro Casambre. The order for the Makati Regional Trial Court to dismiss the rebellion case would now enable the 74-year-old Beltran to finally walk free after more than one year of incarceration. DOJ chief admonished The high court admonished Justice Secretary Raul Gonzalez and Senior State Prosecutor Emmanuel Velasco, head of the DOJ's Task Force on Rebellion, for "trivializing" the preliminary investigation in filing the case despite their failure to establish probable cause against petitioners. The Supreme Court noted that Gonzalez exceeded his bounds when he stated in an interview on March 13, 2006, the day of the preliminary investigation, that "(the DOJ) will just declare probable cause." "We find merit in petitioners' doubt on respondent prosecutors' impartiality... This clearly shows pre-judgment, a determination to file the information even in the absence of probable cause," the Court said. It further said prosecutors failed to sufficiently prove the requisites for rebellion charges to prosper, such that respondents rose publicly and took up arms against government. The Supreme Court said that the evidence used by prosecutors consisted of affidavits of witnesses or members of the military, which are "far from the proof needed to indict Beltran for taking part in an armed public uprising against the government." "None of the affidavits stated that Beltran committed specific acts of promoting, maintaining or heading a rebellion as found in the DOJ resolution of February 27, 2006. None of the affidavits alleged that Beltran is a leader of a rebellion," the high tribunal said. Assuming that the information against the solon was valid, the Court said Beltran is still entitled to bail as a matter of right since there is no allegation that he is a leader or promoter of the rebellion. The high court further said that prosecutors also failed to prove that petitioners conspired with rebel-soldiers to topple the government. Citing an earlier case, the Supreme Court said prosecutors did not help itself in aiding public perception that it was prejudiced against the Left-leaning party-list congressmen. ‘Prostituting noble office’ "'We cannot emphasize too strongly that prosecutors should not allow, and should avoid, giving the impression that their noble office is being used or prostituted, wittingly or unwittingly, for political ends, or other purposes alien to, or subversive of, the basic and fundamental objective of observing the interest of justice evenhandedly, without fear or favor, powerless or mighty. Only by strict adherence to the established procedure may be public's perception of the impartiality of the prosecutor be enhanced,'" the Court stated. Asked for reaction, Gonzalez said that he has expected the high court's decision following its grant of bail to Ocampo last April 3. "The SC's allegations are based on surmises. Every prosecution will be under the DOJ, all preliminary investigations must be brought here. How do we know if (cases) are used for political purposes? Who will determine if there's political motive? Carpio?" he said. Gonzalez said that he will no longer order prosecutors to appeal the Supreme Court's decision as it would just be "a waste of time." "Nobody will be charged anymore, even if we find 1,000 graves, because then, that would just be an imagination of the DOJ," he said. Court records showed that Beltran was arrested without warrant by the police on February 25, 2006 while he was en route to Marilao, Bulacan and detained him at Camp Crame. That evening, he was subjected to an inquest at the Quezon City hall for inciting to sedition based on a speech he allegedly gave during a rally in Quezon City on February 24, 2006, the even of the 20th anniversary of the EDSA Revolution. A second inquest was conducted the next day for allegedly conspiring with 1st Lt. Lawrence San Juan and several others to commit rebellion, supposedly to be carried out by members of the Communist Party of the Philippines and the Makabayang Kawal ng Pilipinas, which have formed a "tactical alliance" to oust Mrs Arroyo. On February 27, 2006, the DOJ panel of prosecutors issued a resolution finding probable cause to indict Beltran and San Juan as "leaders/promoters" of rebellion. Judge Elmo Alameda of Makati RTC Branch 150 then issued an order on August 29, 2006 denying Beltran's motion to quash the Information. The so-called Batasan-5 lawmakers, prior to the receipt of the subpoena, quartered themselves at the House of Representatives for fear that they were being subjected to warrantless arrest. During the preliminary investigation of March 13, 2006, the counsel for the CIDG presented a masked man, later on identified as Jaime Fuentes, who claimed to be an eyewitness against petitioners. The case was later on submitted to the Makati RTC branch 57 charging the solons for rebellion, prompting them to also seek relief from the Supreme Court. - GMANews.TV