Civilians in Pen standoff file raps vs DOJ secretary, prosecutor

A Catholic priest, a retired Navy officer, and two lawyers arrested after the standoff at the Peninsula Manila hotel in Makati on Nov. 29 asked the Supreme Court yesterday to cite in contempt Justice Secretary Raul Gonzalez and Senior State Prosecutor Emmanuel Velasco in indirect contempt for stating in public that they had committed rebellion.

In their petition, Fr. Robert Reyes, retired Navy Capt. Julian Advincula, and lawyers JV Bautista and Argee Guevarra said the secretary of justice is the reviewing authority in case they decide to appeal the resolution of the panel of investigating prosecutors.

“In obedience to the directive of respondent Raul M. Gonzalez, the DOJ panel of investigating prosecutors, headed by the respondent Prosecutor Emmanuel Velasco, made a finding of probable cause to charge the herein petitioners and their co-respondents in the inquest with rebellion and recommended in the criminal information that they filed before the Regional Trial Court of Makati City that petitioners be denied their right to bail, despite the legal fact that rebellion is a bailable offense,” read the petition.

The four petitioners were among 18 civilians, including former Vice President Teofisto Guingona, who were charged with rebellion but were later ordered released from police custody by the Makati Regional Trial Court for lack of probable cause.

The DOJ issued its resolution based on the complaint filed by the Criminal Investigation and Detection Group (CIDG).

Aside from Sen. Antionio Trillanes IV, Guingona, and the four petitioners, others charged with rebellion were Brig. Gen. Danilo Lim, retired Bishop Julio Labayen, Captains Gary Alejano and Segundino Orfiano Jr.,

Lieutenants senior grade Manuel Cabochan, James Layug and Arturo Pascua, Lieutenants Eugene Peralta and Andy Torrato, First Lieutenants Billy Pascua and Jonnel Sangalang, Ensign Armand Pontejos, former University of the Philippines president Francisco Nemenzo, Julius Mesa, Cezari Yassir Gonzales, Corporal Clecarte Dahan, Privates First Class Juanito Jilbury, Emmanuel Tirador and German Linde, Myrna Buendia, Dominador Rull Jr., Romeo Solis, Roel Gadon, Rommel Loreto, Julian Advincula, Francisco Bosi, Leodor dela Cruz,  Sonny Madarang, actress Elizabeth Orteza Siguion-Reyna and Francisco Penaflor.

The DOJ ordered the release pending further preliminary investigation lawyer El Cid Fajardo, columnist Herman Tiu Laurel, Leonido Toledo Jr., Evangeline Mendoza, Jose Albert, Eduardo Castro, Ferdinand Sandoval, Julio Ancheta, Stella Guingona, Maamor Lanto, Romeo Dacles, Ryan Custodio, Edgardo Tulalay and Rey Linaac.

The case against Capt. Nicanor Faeldon, who remains at large, is also set for further investigation by the DOJ.

The resolution was signed by the panel of investigating prosecutors led by Velasco and members State Prosecutors Philip de la Cruz and Aristotle Reyes, and Prosecuting Attorney II Alvin Navarro.

The charges were approved for filing by Assistant Chief State Prosecutor Miguel Gudio.

Meanwhile, Sen. Francis Escudero,  Senate committee on justice and human rights chairman, joined yesterday the mounting criticism against the Philippine National Police (PNP) for the “recognition” given to police officials responsible for ending the Nov. 29 standoff.

“The police team who took over the Peninsula Manila during the siege should be charged and sued for what they did to media during the Pen incident,” he said.

“The medals they received were commendations for protecting not the people but the President only.”

Escudero chided the police, particularly National Metro Manila police commander Geary Barias, for the unreasonable use of force and the arrest of media practitioners covering the incident.

“For that they should be condemned for violating their oath to serve the people and defend the Constitution,” he said.

“On the part of the Senate, they were already reprimanded for not attending the Senate inquiry because of a flimsy and false excuse.”

Senate Minority Leader Aquilino Pimentel Jr. and Sen. Jamby Madrigal also opposed on Monday the promotions of military and police personnel who “neutralized” the group of Trillanes.

“Well, that was not justified considering the fact that what the police did there, in general, was overkill,” Pimentel said.

A reprimand should instead be reflected in the personnel records of the concerned policemen and their officials, Madrigal said.

But Senators Joker Arroyo and Gregorio Honasan welcomed the move of the PNP to promote the policemen.

“What policeman will still fight for the Republic if every time that they defend, do their duty, they will be censured,” Arroyo said.

Arroyo said the police did its job well in ending the standoff and that nobody was killed or injured in the incident.