Gringo coup probe gets SC green light

The Supreme Court (SC) has given the Department of Justice (DOJ) the go signal to proceed with the preliminary investigation of the coup d’état charges against Sen. Gregorio "Gringo" Honasan in connection with the failed mutiny in Makati City in July last year.

In an eight-page decision penned by Justice Ma. Alicia Austria-Martinez, the SC also ordered the DOJ to give Honasan the chance to contest its findings.

"Respondent (DOJ) is required to give petitioner (Honasan) a fresh period from receipt of this Resolution to submit his counter-affidavit," the SC said.

The SC dismissed Honasan’s petition to cite the DOJ in contempt of court for continuing to investigate his case even if he still had until May 7 to appeal the court’s April 13 ruling.

In its April 13 decision, the SC junked the senator’s earlier petition questioning the DOJ’s jurisdiction over his case. He said that, since he was a public official, the office of the Ombudsman had the authority to investigate him.

But the SC said that even if its April 13 ruling was not final, it found no "contemptuous intent" on the part of the DOJ to impede the administration of justice.

The SC said it was satisfied with the DOJ’s explanation that the charges against Honasan were filed as early as August 2003 but the preliminary investigation was pending because of the question on jurisdiction.

The SC pointed out that the DOJ merely wanted to honor the senator’s right to a speedy trial and to give him "all the opportunity to controvert the accusation against him and to adduce evidence in his behalf."

The SC also noted Honasan filed his motion for reconsideration a month late on June 8, instead of May 7, before the ruling became final.

"The Court’s decision dated April 13, 2004, has already attained finality as of May 8, 2004," the SC said.

Citing his pending petition before the SC, Honasan had refused to submit himself to the DOJ’s preliminary investigation.

The senator has also complained about the overzealousness of the DOJ in prosecuting him, which he said amounted to "persecution."

He said he was already tagged as the brains behind the failed mutiny, even before an investigation was conducted and despite what he claims were his efforts to convince the rebel soldiers not to use violence.

Honasan was charged with coup d’état while his civilian co-respondents were slapped with rebellion charges for supporting the mutiny. — Aurea Calica