Trillanes to Bilibid put on hold

by Raymond Africa
Malaya

Government has deferred its plan to transfer Sen. Antonio Trillanes IV and other personalities accused in the Manila Peninsula hotel standoff to the New Bilibid Prisons in Muntinlupa City.

They are now detained at the PNP Custodial Center in Camp Crame. Prosecutor Emmanuel Velasco said the plan would have to wait until Makati RTC Judge Elmo Alameda comes out with a resolution on the charges of rebellion and inciting to rebellion filed against Trillanes and 35 others.

“We will defer any action or planned motion to transfer out of judicial courtesy,” Velasco said.

A decision is expected in 10 days.

Interior Undersecretary Marius Corpus on Tuesday said the PNP would ask the Makati court to allow the transfer to ensure the safety of the accused and for better security.

Before the Manila Peninsula incident, Trillanes was detained at the Marines headquarters in Fort Bonifacio, Taguig City for leading the Oakwood mutiny in 2003. Other leaders of the Magdalo group joined him at the hotel Thursday last week after walking out of the sala of Makati Judge Oscar Pimentel of Branch 148, who is hearing their coup d’état case.

Brig. Gen. Danilo Lim, who was a witness in the hearing, also joined the walkout and holed out at the hotel for about six hours together with the Trillanes group which included former Vice President Teofisto Guingona, Bishop Julio Labayen and former UP president Francisco Nemenzo,

Lim has been in detention in Camp Capinpin in Tanay, Rizal since last year for being one of the leaders of an alleged plot to topple government in February last year.

Government initially filed rebellion and inciting to rebellion charges against 50 persons in connection with the Peninsula standoff.

Fourteen of those charged were released for further preliminary investigation.

Velasco said those released would be summoned to the justice department on December 18 to present their counter-affidavits.

In the case of Marine Capt. Nicanor Faeldon who is unaccounted for, Velasco said if the officer does not present a counter-affidavit, “we will resolve the case against him based on the evidence presented by the arresting officers.”

Guingona and several other accused asked the Makati court to order a further review of the rebellion charges.

“We’re hoping the court will not yet issue arrest warrants until after we have argued our case,” said Jose Diokno, counsel for Labayen and Nemenzo.

Diokno explained that the court is mandated to issue arrest warrants against the accused within 10 days of the filing of the rebellion complaint. The charges were filed Monday.

Theodore Te, lawyer of one of the Magdalo officers, said he will raise the question of probable cause.

In their motion, Guingona and his co-accused said the justice department charged them with rebellion without giving them the opportunity to submit their counter-affidavit, which is “a clear denial of the right to preliminary investigation.”

Guingona and company cited a provision from the revised Rules of Court that allows the accused in a criminal case to ask for a preliminary probe within five days of the filing of the complaint.

They added that the evidence presented by the police does not meet the requirement of probable cause.

The motion will be heard at 8:30 a.m. today.

Diokno said they have “no problem” with Alameda who handled the rebellion case of the “Batasan 6” or the six congressmen who were accused in connection with the February 2006 plot to oust President Arroyo.

“He’s very experienced especially in criminal cases. He is a judge that goes by the book,” said Diokno who served as counsel for the six party list lawmakers – Satur Ocampo, Crispin Beltran, Liza Maza, Teodoro Casiño, Joel Virador, and Rafael Mariano.

Alameda is also handling the murder case against former Batangas Gov. Jose Antonio Leviste. – With Ashzel Hachero