Honasan’s counsel, Daniel Gutierrez said the opposition lawmaker was aware of the pronouncements made by some government officials that he could be arrested for the crime of rebellion.
Gutierrez pointed out a continuing crime, such as rebellion, could justify the government to order the immediate arrest of Honasan.
Although Honasan was also accused with coup d’etat as a government official, it is also possible for the authorities to say the senator still wants to overthrow the government, hence he could be arrested for rebellion.
"He (Honasan) is not afraid to show up if there is really a warrant of arrest. But, what is worrisome for him is the concept of the continuing crime. If the concept of continuing crime will not be used against him, I’m sure he will surface immediately," Gutierrez said.
Gutierrez said Honasan’s camp would have to ask the assurance of the Senate that the opposition senator would be given due process and not subjected to "political persecution."
"I’m in touch with him. We talked yesterday and maybe next week, we will ask the Senate so he can have an assurance of fair process," Gutierrez said.
At the same time, Gutierrez slammed the Department of Justice (DOJ) for releasing what he called "piecemeal evidence" against his client.
He said the practice of releasing evidence by batches would jeopardize their efforts of coming up with a good defense for the senator.
"In order to make a thorough counter affidavit, we should be furnished with the evidence presented by the complainants. We are very wary in coming out with our defense because we are afraid that every time we present our defense, they will come out with new evidence against him," Gutierrez said.
Gutierrez said presenting piecemeal evidence is not allowed under criminal procedures.
The lawyer was apparently referring to the disclosures made by Justice Undersecretary Jose Calida that at least 10 military officers and enlisted men signified their intention to testify against Honasan.
Calida said the soldiers who would be testifying included those who took part in the blood compact with the Magdalo group, which seized a ritzy apartment complex in Makati City last July 27.
Gutierrez said he would press the DOJ to allow him to get the sworn statements of the core leaders of the mutiny who are detained at the Intelligence Services of the Armed Forces of the Philippines (ISAFP) in Camp Aguinaldo.
He said the affidavits of the mutiny leaders are necessary since this would contradict government claims that Honasan masterminded the coup plot.
Gutierrez said he would also ask the DOJ to subpoena presidential chief of staff Rigoberto Tiglao, special envoy Roy Cimatu, deputy chief of staff Renato Velasco, Housing Secretary Michael Defensor and Presidential Management Staff Secretary Silvestre Afable Jr.
He said their sworn statements would prove that Honasan even helped the government in resolving the mutiny peacefully.