Detained former governor Nur Misuari of the Autonomous Region in Muslim Mindanao has asked the court hearing his rebellion case to allow him and his spiritual adviser to move to a house near St. Luke’s Medical Center in Quezon City where he is receiving medical treatment.
Through his lawyer Arthur Lim, Misuari filed the urgent manifestation before Makati City Regional Trial Court Branch 138 presided over by Executive Judge Sixto Marella.
Misuari and his spiritual adviser, Ustadz Abuharis Usman, are now staying at the Cathedral Heights complex, which is adjacent to the SLMC.
Misuari did not tell the court who owned the house in which he planned to reside, nor whether he would have housemates.
The move was reminiscent of the motion filed by lawyers of ousted President Joseph Estrada, who sought house arrest for their client while he undergoes a plunder trial.
The court has sent Misuari’s request to Assistant Chief State Prosecutor Leah Armamento, who is now handling Misuari’s case after it was remanded to the Department of Justice for review.
Armamento was ordered by the court to comment on the motion within 72 hours, which will serve as part of the court’s basis for approving or rejecting Misuari’s request.
Based on the argument that he was deprived of his right to a preliminary investigation, the court sent the case back to the DOJ for a 60-day re-investigation.
After the court allowed Misuari to attend a religious ceremony at the Blue Mosque in Taguig last January, he was granted a medical leave from his place of detention at Fort Sto. Domingo in Sta. Rosa, Laguna.
The court later granted Misuari’s request to extend his medical leave.
Last week, Justice Secretary Raul Gonzalez replaced State Prosecutor Peter Ong with Armamento in the prosecution of Misuari’s case before the Makati court.
After taking over the case, Armamento withdrew Ong’s last two motions, which had sought to ask Marella to inhibit himself from hearing the case and for a lifting of the 60-day suspension of the hearings.