‘Batasan 5’ to push their luck tomorrow

The five militant lawmakers staying under protective custody of the House of Representatives despite a court order rejecting their inclusion in a rebellion case will try to push their luck tomorrow as they attempt to leave the premises of the Batasang Pambansa complex in Quezon City.

One of them, however, warned the government that arresting them would be "politically bloody" since it will be without legal basis.

"If we are arrested when we go out on Monday, it will not be violent, we will not resist, but it will be bloody, politically bloody, for the Arroyo regime," Bayan Muna Rep. Teddy Casiño said.

"They will bleed in the courts, they will bleed at the bar of public opinion for their illegal and immoral act," Casiño said.

On the other hand, Casiño along with party-list representatives Satur Ocampo, Rafael Mariano, Joel Virador and Liza Maza said they are staying put, even if the Makati court had paved the way for their freedom after it rejected prosecutors’ amended information on the non-bailable offense of rebellion.

"We have studied the situation and we have decided to stay for the meantime," Ocampo told reporters, adding it could mean for the next few days or even weeks, depending on the situation.

As they held the press conference, some 100 anti-riot policemen were deployed at the gates of the Batasan complex.

Senate Minority Leader Aquilino Pimentel Jr. also cautioned the Philippine National Police (PNP) against arresting the so-called "Batasan Five" congressmen.

Pimentel issued the warning following the statement from the Criminal Investigation and Detection Group of the PNP that it has a standing order from the Department of Justice (DOJ) to arrest the five legislators for their alleged involvement in the plot to overthrow President Arroyo in February.

"Law enforcers are well-advised that we are operating under the rule of law. If they arrest the Batasan Five despite (Makati City regional trial court) Judge (Jenny Lind) Delorino’s order dismissing the rebellion case against them, they should be cited for contempt and charged with illegal arrest," he said.

Speaking on behalf of his colleagues, Ocampo, former spokesman for the communist National Democratic Front, assured the government that they will not try to give the law enforcers a slip nor get out of the House premises unannounced.

"We will not sneak out. We will not do that. We will not give them any reason to shoot us because they are treating us as escapees," Ocampo stressed.

Maza, for her part, promised: "We will inform you (media) if we will leave. And we will inform Speaker Jose de Venecia."

Ocampo said the presence of policemen at the Batasan compound last Friday shows the "disrespect" the government has for the judiciary, as the cops threatened to arrest them despite Delorino’s ruling.

"It is very obvious that their only motive is to arrest and have us detained. These are indications that they have no respect for the rule of law. This is political persecution in the highest order," complained Maza, who represents the women’s group Gabriela.

Plainclothes policemen loitering around the Batasan premises, according to the left-wing lawmakers, is also an insult to Congress.

"Ito ay pambabastos (This is disrespectful). They have militarized the Batasan," they said.

On Thursday, Delorino denied the amended information DOJ prosecutors filed in her sala, which lumped together the pending rebellion case of Anakpawis Rep. Crispin Beltran to those of the Batasan Five as well as former senator Gringo Honasan’s.

Delorino clarified the ruling was without prejudice to the re-filing of a separate complaint.

Ocampo and his colleagues have sought refuge in Congress to evade arrest on rebellion charges in connection with the alleged Feb. 24 foiled coup. They have since denied the charges that also insinuate their conspiracy with some misguided soldiers.

For his part, House Majority Leader Prospero Nograles believes the Batasan Five can now leave the Batasan premises, more than two months after seeking sanctuary at the House on Feb. 27 when they invoked parliamentary immunity.

"The dismissal of the rebellion cases against Batasan Five should now pave the way for them to leave the House premises. Protective custody has legally ended with the dismissal of the cases and they ought to be free to go," Nograles said.

The militant lawmakers invoked parliamentary immunity, insisting that they cannot be arrested while inside the Batasan complex, even if this privilege applies only to offenses that are punishable by a six-year jail term and below, which excludes rebellion. — Delon Porcalla, Marvin Sy