DOJ summons ‘Gringo,’ Guardians

The Department of Justice subpoenaed yesterday Sen. Gregorio Honasan, six other people and about 1,000 John and Jane Does to answer the coup d’etat charges filed against them by the government.

Subpoenaed along with Honasan were Philippine Guardians Brotherhood Inc. spokesman Ernesto Macahiya, retired Capt. Felix Turingan, a certain retired Colonel Lazo and a certain Colonel Briones of PGBI.

Also subpoenaed were George Duldulao of Honasan’s office and Lina Reyes.

DOJ Undersecretary Merceditas Gutierrez said the respondents would be given 10 days from receipt of the subpoena to file their counter-affidavits. The subpoena will be sent by personal service to Honasan at his residence at No. 1 Marcos st., Industrial Valley, Marikina City.

The preliminary investigation of the case was set at 2 p.m. on Aug. 18.

Gutierrez said the respondents will "have to attend" the proceedings but, when asked whether Honasan would be required to be present at the preliminary hearings, she said the rules of court do not compel the senator to do so.

She said they only expect Honasan to cooperate in the investigation by submitting his counter-affidavit, either in person or through his lawyers.

"We have to give the senator the chance to present his counter-affidavit. Of course, we prefer that he attend the preliminary investigation so he can comment and answer some questions during the proceedings," Gutierrez said.

She added that the DOJ has not yet issued a hold-departure order against Honasan.

After the preliminary investigation, the five-member panel created by the DOJ to handle the case will decide whether Honasan and his co-respondents will be charged in court.

Gutierrez said if the respondents do not take advantage of the preliminary investigation to contest the charges, prosecutors may decide whether to file lawsuits solely on the merits of the government’s complaints. Interior and Local Government Secretary Jose Lina said Monday that even if the country is under a state of rebellion, Honasan will not be subjected to a warrantless arrest.

Lina said this was the agreement between government authorities and Senate President Franklin Drilon, who insisted that Honasan cannot be arrested without due process of law, despite the existing state of rebellion.

The President has urged Honasan to come out, saying "there is no need to play the game of hide-and-seek for propaganda mileage."

"We are not a nation of barbarians," she said. "Senator Honasan will be protected by the very Constitution he allegedly wanted to destroy."

Mrs. Arroyo earlier said she may lift the state of rebellion and denied it was a precursor to imposing martial law.

Meanwhile, one of Honasan’s classmates from the Philippine Military Academy (PMA) Class of 1971 urged the senator to surface and face the charges against him.

Philippine National Police (PNP) Director Jose Lalisan, chief of the PNP personnel directorate, said Honasan is a man of strong convictions.

Urging his "mistah" to come out of hiding and answer the charges against him, Lalisan said he strongly disagrees with the use of violence to achieve political or social change.

"Well, as far as I know, my mistah has strong convictions and beliefs on... how to run a government. But, no matter what (those beliefs are), it should go through the constitutional process... I do not agree with the use of violence," Lalisan said.

"We have to go through the democratic process. He should answer the charges against him and not (remain) in hiding," Lalisan said.

"He will always be a suspect. We have a saying that flight is a sign of guilt. If his conscience is clear, he should appear. His rights will be respected and he will have due process," he added.

Meanwhile, former senator Juan Ponce Enrile said he will not volunteer his services as a lawyer to defend Honasan in court.

Enrile said he does not want to be accused anew of involvement in the July 27 mutiny. He was among those charged with rebellion by the Arroyo administration for the failed siege of Malacañang on May 1, 2001.

"I would not volunteer (to be Honasan’s lawyer) because they might say that I am involved here," Enrile said, adding that he spoke with Honasan recently.

"Kinumusta ko siya at sinabi ko na ‘mag-ingat ka at mainit ang gobyerno sa iyo (I asked how he was doing and told him ‘be careful because the government is after you).’"

Chief Inspector Leborio Jangao Jr. of the PNP Criminal Investigation and Detection Group (CIDG) said Wednesday in a sworn statement that PGBI members informed him about the coup plot as early as June.

Honasan’s wife, Jane, said her husband will surface only if the government lifts the state of rebellion.