BY
DABET CASTAÑEDA
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
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