Zamboanga City gov't to challenge DOJ move to drop 60 suspects in siege case

ZAMBOANGA CITY, Philippines - The city government will file a motion for reconsideration against the decision of the Department of Justice (DOJ) to drop the 60 accused from the list of more than 200 suspects in the Zamboanga siege last year.

Jesus Carbon, city legal officer, said the office of the city mayor has already received last Monday the copy of the 63-page resolution of the DOJ recommending the dropping of charges for the 60 suspects. 

The DOJ recommendation was a result of the reinvestigation on the case following the order of the Pasig court for lack of pieces of evidence, such as gunpowder on their hands.

The suspects were part of the 287 others, including Moro National Liberation Front (MNLF) founder Nur Misuari, charged for rebellion and violation of the international humanitarian law, and for genocide and other crimes against humanity. 

Carbon believed that some members of the DOJ panel of prosecutors might have overlooked on the evidence against suspects like participating indirectly and through conspiracy in aiding the attack.

He was optimistic their motion will be granted citing the evidence that will be represented anew to the DOJ prosecutors.

“It may not be to all, but many of the 60 accused there were lots of evidence that were not considered by the prosecutors in Manila,” Carbon said. 

“The act of one is the act of all. The conspiracy role takes place even if he has not fired a gun,” Carbon said.

He said one of the 60 accused was not even pinpointed by any witness but he executed extra-judicial confession that he signed in front of the state prosecutor.

Carbon told local radio RMN here that they will no longer wait for the 15-day waiver in submitting to the DOJ the motion for reconsideration to overturn its recommendation earlier to dismissing the case against the suspects.

Carbon said he and City State Prosecutor Peter Medalle called up Deputy Chief State Prosecutor Richard Pavellon who told them to wait for their motion for reconsideration before submitting the case to the judge of the Pasig Regional Trial Court (RTC).

Carbon also complained that the accused filed their amended information to drop the case before the Pasig court even if the copy of the DOJ resolution has not been received by the office of the Zamboanga City mayor.

“So it is dangerous if the judge will act on the amended information and the case against the 60 will be dismissed,” he said.

Meanwhile, Carbon clarified that the 23 MNLF members who surrendered to a police officer at the height of the hostility have no recommendation for dismissal of their case and were not part of the 60 others that were recommended by the DOJ. 

“They were not included in the resolution,” Carbon said, dismissing speculation that the recommendation was part of the deal for their surrender. 

Carbon said that the participation of the 23 MNLF members who were from Basilan remains clear that they came to Zamboanga City to help in the uprising.