Court orders prosecutors to submit proof on Magdalo case

Recognizing the right of the accused to know what evidence will be used against them during the trial, the Makati City Regional Trial Court (RTC) ordered state prosecutors yesterday to submit all the evidence against detained Senator Antonio Trillanes IV, Brig. Gen. Danilo Lim, and 16 other Magdalo Group soldiers and civilians regarding their alleged participation in the siege of the Peninsula Manila Hotel in Makati in November 2007.

Judge Elmo Alameda directed the team of Senior State Prosecutor Emmanuel Velasco to submit all documents on July 2, 2008 including a so-called inventory of evidence contained in a memorandum submitted to the Philippine National Police Criminal Investigation and Detection Group (PNP-CIDG) and the PNP Crime Laboratory three days after the alleged rebellion took place.

The order also covers identification, chemical, forensics, firearms, and after operation reports, booking and information sheets, the PNP Custodial Center’s logbook, as well as medical reports by the PNP. Alameda said all evidence in possession of the prosecution or the PNP should be submitted to his court for inspection and photocopying.

Lawyer Ernesto Francisco Jr., counsel for all accused excluding Lim, said they want to get copies of all these materials to prove that his clients should have not been charged with rebellion.

According to him, the charges should have been dismissed in the same manner that the charges against former vice president Teofisto Guingona Jr., Bishop Julio Labayen, and of other civilians who were also slapped with rebellion charges that were later dismissed.

After the submission of all documents requested for by the defense, the court is expected to proceed with the arraignment set on July 7, 2008.

Francisco, in his motion, said they want the documents and records, which shall be used in their defense that constitute evidence in the case now in the custody of the prosecution, the police, and other law enforcement agencies. 

 “The production of the documents and records is also warranted in order to prevent surprise, suppression or alteration of the same,” he explained.