‘Batasan 5’ want DOJ chief, prosecutors off rebellion case

The lawyer of the five lawmakers accused of complicity in a plot to oust President Arroyo has called on Justice Secretary Raul Gonzalez and the Department of Justice (DOJ) prosecutors to inhibit themselves from the preliminary investigation of his clients.

Lawyer Romeo Capulong told reporters yesterday Representatives Satur Ocampo, Teddy Casiño and Joel Virador of Bayan Muna; Liza Maza of Gabriela; and Rafael Mariano of Anakpawis, collectively known as the "Batasan 5," would like their preliminary investigation to be conducted either by the Office of the Ombudsman or any municipal trial court judge in the provinces.

"We lost our trust completely in the Department of Justice," Capulong said. "They are acting according to a script. They lost their in-dependence. They have lost the cold neutrality of a judge."

On the other hand, Mariano said the prosecutors who conduct the preliminary investigation of their cases must be impartial, independent and objective.

"Somebody (whom) we will have some level of trust (in), at least," he said.

Capulong said since the Office of the Ombudsman’s mandate is limited to graft-related cases and does not include rebellion, he was open to the idea of municipal judges in the provinces, such as in Batangas City, handling the cases of his clients.

Under the law, municipal trial court judges are empowered to conduct preliminary investigations, but their findings would have to be reviewed by the provincial prosecutor, who is under the supervision of the justice secretary.

However, in October 2005, the Supreme Court ruled to bar municipal judges from conducting preliminary investigations.

Capulong said government prosecutors, who are career officials in the justice department, must inhibit themselves from the cases facing his clients.

"Based on their actuations, they are allowing themselves to be used by the government," he said. — Delon Porcalla