Makati RTC nixes Honasan motion to post bail

The Makati Regional Trial Court junked yesterday the motion to post bail filed by former Senator Gregorio "Gringo" Honasan that would enable him to personally campaign for his senatorial candidacy in the May elections this year.

In a four-page order, Makati RTC Branch 148 Judge Oscar Pimentel said it would be more advantageous for Honasan if he will strictly observe the 60-day period that the Court has given to the Department of Justice to conduct a reinvestigation of the coup d’ etat charges filed against Honasan.

"Finding no merit in the motion to fix sufficient sureties for temporary liberty, the same is hereby denied without prejudice to filing another motion or petition after the reinvestigation by the State prosecutors and a manifestation or report thereof has been submitted to this Court" Pimentel said.

In his motion to fix sufficient sureties for temporary liberty filed through his lawyer Daniel Gutierrez, Honasan asked the court to allow him to post bail pending the DOJ’s reinvestigation of his case. Honasan maintained that "all persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailed by sufficient securities, or be released on recognizance as may be provided by law."

The DOJ charged Honasan with coup d’ etat for alleged conspiring with the Magdalo officers "in the planning, orchestrating, recruiting, investigating, mobilizing, deploying and executing acts to commit coup d’ etat."

Gutierrez said the information filed by the DOJ merely charged Honasan as a mere participant, who was a senator at the time that the July 27, 2003 was staged by the Magdalo officers. He said Honasan was singled-out for baseless and uncalled-for oppression and he has been denied the procedural protections arising from the country’s sense of decency and fairness which is enshrined in its Constitution. For his part, State Prosecutor Juan Pedro Navera opposed Honasan’s petition saying that it is nothing more than a petition for bail.

"Procedurally, a petition for bail where the offense charged is a capital offense, consequently results in a summary presentation by the prosecution of its evidence to prove that the evidence against the accused is strong in order to oppose the petition" Navera said.

For his part, Pimentel noted that the hearing of the coup d’ etat charges against Honasan has been suspended while the reinvestigation of his case is being conducted by the DOJ. <