This story
was taken from Bulatlat, the Philippines's alternative weekly
newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. VI, No. 4, February 28, 2006
BY
Posted
5:55 p.m. Feb. 28, 2006 The ex parte inquest (inquest
without the respondents) proceedings held at the House of
Representatives (HOR) around 3:30 p.m. today regarding the rebellion
charge filed against five party-list representatives was illegal, Neri
Colmenares, general counsel of Bayan Muna (People First) said.
Bayan Muna Reps. Satur Ocampo, Teddy Casiño
and Joel Virador, Gabriela Women’s Party Rep. Liza Maza and Anakpawis (toiling
masses) Rep. Rafael Mariano have been charged by the Criminal Investigation and
Detection Group (CIDG) Feb. 27 of rebellion for allegedly conspiring with some
military officers to stage a coup against the Gloria Macapagal-Arroyo government
Feb. 24. The five representatives did not appear
before Department of Justice (DOJ) Chief State Prosecutor Jovencito Zuño who
conducted the inquest at House Speaker Jose de Venecia’s conference room. Colmenares said the inquest was illegal and
irregular because it presupposes arrest. On the contrary, he said the five
solons should be protected from arrest because they have been in the Speaker’s
protective custody since afternoon of Feb. 27. In a separate interview, House Majority
Leader Prospero Nograles said there was no statement from the House or the
government that the five solons have been arrested. As a matter of procedure, Colmenares said
the five party-list representatives should have been subjected to a preliminary
investigation wherein they will be formally notified individually of the formal
charges being leveled against them. They should also be given the opportunity to
file their counter-affidavit. The preliminary investigation would then determine
whether there is probable cause to file a case in court. If probable cause is
determined, the prosecution should then file a formal complaint to the proper
court. It is the court that should issue a warrant of arrest. “The Speaker has no authority to arrest
people and the HOR is not a jail so there should not have been an inquest
because nobody has been arrested in the first place,” Colemnares said.
At the regular session of the House, Rep.
Teodoro Locsin (lone district, Makati City) said, “The duty of the House
leadership is to assert the independence of this House and should assert that no
member of this House should be arrested.” “It is clear that Malacañang wants to
deprive the solons of their right to a prelimanary investigation because the
administration wants to get hold of them fast,” Colmenares said. “But they are
not in hiding and they won’t escape anyway so why should they be in a hurry?” Colmenares said the five solons will
continue to assert their right to be under the protective custody of the
Speaker. However, Ocampo warned that they could still
be arrested anytime. “We can protest but they can carry us bodily,” he said.
Bulatlat © 2006 Bulatlat
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