The government plans to appeal the dismissal of rebellion charges against former Vice President Teofisto Guingona and 18 other civilians who were arrested at the Peninsula Manila hotel in Makati after the standoff led by Sen. Antonio Trillanes IV on Nov. 29.
Justice Secretary Raul Gonzalez said he would ask the prosecutors who handled the case if Guingona and the other civilians have been arraigned.
“If they had already been arraigned they’re totally out of the woods because of double jeopardy,” he said. “If they had not been arraigned, then probably we can still reopen it.”
If they have not been arraigned, the case can still be reopened as double jeopardy has not set in, he added.
Gonzalez said Judge Elmo Alameda of Makati Regional Trial Court Branch 150 could have overlooked the issue of conspiracy in the case.
“There are three kinds of persons accused – the principal, the accomplice and the accessory,” he said.
“So if Trillanes was the principal, there were accomplices and accessories. It’s precisely what we’re looking at, at that time,” said Gonzalez. “So even if they’re minor players, they should be liable also.”
Alameda ordered the police to release Guingona and the other civilians, who were detained at the maximum security compound at Camp Crame in Quezon City.
However, the rebellion case against Trillanes, Brig. Gen. Danilo Lim and 16 other junior officers who took part in the standoff will proceed because probable cause was found against them, he added.
Other civilians cleared of rebellion charges were Catholic priest Fr. Robert Reyes, Bishop Emeritus Julio Labayen, former University of the Philippines president Francisco Nemenzo and scriptwriter Elizabeth Orteza. – Mike Frialde