DOJ unlikely to seek lifting of arrest warrants for Nur, Kato

MANILA, Philippines - Justice Secretary Leila de Lima is uncertain whether the proposal to suspend the arrest warrants against Nur Misuari and Ameril Umbra Kato is legally defensible.

“I don’t know if we already have a precedent on suspension of warrant of arrest. It’s not a simple issue,” she said.

Misuari, Moro National Liberation Front (MNLF) chairman, is wanted for the 2013 bloody siege on Zamboanga City.

On the other hand, Kato, figurehead of the Bangsamoro Islamic Freedom Fighters, is facing dozens of criminal cases in connection with the BIFF’s attacks on several towns in Maguindanao in the past three years.

He is now debilitated following a hypertensive stroke in 2011.

Cagayan de Oro Rep. Rufus Rodriguez has talked to De Lima for the filing of a motion to suspend the arrest warrants against Misuari and Kato for at least three days to allow them to attend congressional hearings on the proposed law.

They have already invited Misuari and Kato and details are being finalized for their attendance in the congressional hearing, he added.

Rodriguez heads the 75-member congressional panel tasked to scrutinize the proposed law.

He said Congress will hold a series of public consultations on the proposed Bangsamoro Basic Law (BBL) in Mindanao and Sulu to get the people’s pulse.

Misuari’s and Kato’s presence in the hearings would greatly help the panel in fine-tuning the proposed law, he added.

Rodriguez said Misuari could help make the proposed BBL compatible with the 1996 government-MNLF peace agreement.

Courts to decide

De Lima said the decision would ultimately lie with the trial courts that issued the arrest warrants.

“Even if, let’s say, we move for the suspension of the warrants of arrest, we would not know if the courts will approve it,” she said.

De Lima said getting the side of the MNLF and the   BIFF in the review of the proposed law could be achieved without the presence of Misuari and Kato.

“There could be other ways for the House committee to get the side of MNLF,” she said.

“Does Nur Misuari really have to appear? Would a representative who will articulate the position of MNLF not suffice?”

She had asked Rodriguez when they met at Malacañang to submit a formal request from the House committee so they could act accordingly, De Lima said.

Rodriguez said they will ask Defense Secretary Voltaire Gazmin to issue safe conduct passes to Misuari and Kato for them to travel to and from Metro Manila.

Malacañang, for its part, wants any invitation for Misuari to attend the congressional hearings to be cleared with the courts.

Deputy presidential spokesperson Abigail Valte said a suspension of the arrest warrant against Misuari would be subject to the court’s judgment.

“The executive department will not be the one to decide,” she said.

“While implementation is with the executive, we cannot violate the arrest warrant. We will not decide if the arrest warrant would be suspended.

“The only entity that can put a hold on its effectivity would be the court. So that is a matter that should be taken up with the court.” 

Valte said leaders must consult government prosecutors on the matter.

“They will have to speak to the prosecutors,” she said. “But off the top of my head, that will have to be an intervention, if they are really serious about going through with it.”

Meanwhile,  Misuari and Kato will, however, reportedly shun congressional hearings on the proposed BBL. – Edu Punay, John Unson, Delon Porcalla